HB 102 — MAGISTRATE AS COURT OF RECORD

HOUSE BILL 102 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATE OF NEW MEXICO - SECOND SESSION , 2024 INTRODUCED BY Christine Chandler 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby COURTS;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

MAKINGThe THEdocument MAGISTRATEis COURTa Atool COURTto OFshow RECORD;amendments in context and cannot be used for the purpose of adding amendments to legislation.

PROVIDINGh THATAN APPEALSACT FROMg MAGISTRATEo COURTRELATING ARE MADE TO THECOURTS; COURT OF APPEALS;

REPEALINGMAKING SECTIONSTHE 35-13-2,MAGISTRATE 35-13-3,COURT 39-2-5A ANDCOURT 39-2-6OF NMSAt 1978hr (BEINGg LAWSe 1975,i CHAPTERk 242,RECORD; SECTION 10, LAWS 1968, CHAPTER 62, SECTION 151 AND LAWS 1865, CHAPTER 45, SECTIONS 3 AND 4, AS AMENDED);

MAKINGPROVIDING ANTHAT eAPPEALS tFROM 17MAGISTRATE APPROPRIATION.COURT ARE MADE h r i s TO THE COURT OF APPEALS;

wREPEALING SECTIONS 35-13-2, 35-13-3, h , t, 39-2-5 AND 39-2-6 NMSA 1978 (BEING LAWS 1975, CHAPTER 242, e u g e b l e e h SECTION 10, LAWS 1968, CHAPTER 62, SECTION 151 AND LAWS 1865, n d 18d i = = 19o ah lCHAPTER BE45, ITSECTIONS ENACTED3 BYAND THE4, LEGISLATUREAS OFAMENDED) THEHAFCº STATE; OF NEW MEXICO:

iMAKING aAN el r] 20b SECTION,d 1.i a º e APPROPRIATION»HAFC.

Ar newi section= ofr Chaptert 35,e Articlew 13d NMSAm a tn mo d m 21: 1978 is enacted to read:

db r e 22d "[NEWs MATERIAL]º MAGISTRATEo COURT--APPEALS--RIGHTt OFn c= e.226787.2SAAIC sFebruary k3, 232024 APPEAL.--A(1:38pm) magistrates courtk ism note e a courtn ofe recordd forr civil e al nu b[ 24A actionsd broughtBE pursuantIT toENACTED theBY UniformTHE Owner-ResidentLEGISLATURE uOF [THE RelationsSTATE Act.OF NEW MEXICO:

AnySECTION party1. aggrieved by a judgment rendered by a .226787.2SA magistrate court in a civil action brought pursuant to the Uniform Owner-Resident Relations Act may appeal to the district court of the county in which the magistrate court is located within fifteen days after the judgment is rendered.

A new section of Chapter 35, Article 13 NMSA is enacted to read:

"[NEW MATERIAL] MAGISTRATE COURT--APPEALS--RIGHT OF APPEAL.--A magistrate court is not a court of record for civil actions brought pursuant to the Uniform Owner-Resident Relations Act HJCº or the Mobile Home Park Act»HJC .

Any party aggrieved by a judgment rendered by a magistrate court in a civil action brought pursuant to the Uniform Owner-Resident Relations Act HJCºor the Mobile Home Park Act»HJC may appeal to the district court of the county in which the magistrate court is located within fifteen days after the judgment is rendered.

COURT OF APPEALS--PROCEDURE FOR APPEALS [FROM DISTRICT COURT].--Unless otherwise provided by rule of h g procedure, appeals to the court of appeals shall be taken [from o t hr the district court] in the manner prescribed for appeals to the g e i k supreme court." h r i s h SECTION 3.

Section 35-1-1 NMSA 1978 (being Laws 1968, , t, e u g Chapter 62, Section 3) is amended to read:

e b l e e h "35-1-1.

MAGISTRATE COURT--ESTABLISHMENT.--There is n d d i = = o h established the "magistrate court" as a court of limited l ] b ,d i a º e tr 17i = r original jurisdiction within the judicial department of the wt le nw d 18m a n o state government.

Personnel of the magistrate court are =d = 19 a l subject to all laws and regulations applicable to other state i a e r 20 offices and agencies and to other state officers and employees a t m m: 21 except where otherwise provided by law.

Theb magistratee court d rs º o t n = .226787.2SAAIC February 3, 2024 (1:38pm) s k m e 22- is2 [not]- e a courtn ofe record."d cr e sl ku 23[ SECTIONA 4.d subject to all laws and regulations applicable to other state offices and agencies and to other state officers and employees except where otherwise provided by law.

SectionThe 35-3-9magistrate NMSAcourt 1978is (being[not] Laws 1968, e a ncourt bof 24record." ChapterSECTION 62,4. Section 54, as amended) is amended to read:

uSection [35-3-9 "35-3-9.NMSA 1978 (being Laws 1968, Chapter 62, Section 54, as amended) is amended to read:

JURISDICTION--CONTEMPT.--A"35-3-9. magistrate has .226787.2SA - 2 - jurisdiction to punish for contempt only for disorderly behavior or breach of the peace tending to interrupt or disturb a judicial proceeding in progress before the magistrate or for disobedience of any lawful order or process of [his] the magistrate's court.

JURISDICTION--CONTEMPT.--A magistrate has jurisdiction to punish for contempt only for disorderly behavior or breach of the peace tending to interrupt or disturb a judicial proceeding in progress before the magistrate or for disobedience of any lawful order or process of [his ] the magistrate's court.

Any person convicted under this section may appeal to the [district][district ] court of appeals in the same manner as in other criminal actions in the magistrate h court." g o t hr SECTION 5.

Section 35-4-2 NMSA 1978 (being Laws 1968, g e i k Chapter 62, Section 66) is amended to read:

h r i s "35-4-2.

CIVIL ACTIONS--EXEMPTIONS.-- h , t, A.

Exemptions of personal property provided in e u g e b l e e h Sections [24-5-1 through 24-5-13 New Mexico Statutes Annotated, n d d i = = o h 1953 Compilation] 42-10-1 through 42-10-7 NMSA 1978 apply to el t] 17b ,d i a º e all executions in civil actions in the magistrate court and to wr li n= r t e w d 18m a n o attachment, garnishment, replevin and forcible entry or =d =m 19: a l detainer.

Theb person entitled to the exemption or [his] the i a e rd 20s person'sº agento ort attorneyn shall= claim.226787.2SAAIC theFebruary exemption3, by2024 filing(1:38pm) as tk m me 21- as3 a- parte of the action pending in the magistrate court a listn e d r e 22l ofu the[ particularA propertyd claimeddetainer. to be exempt and a statement c e s k 23 of the grounds for the exemption.

The listperson mayentitled beto filedthe atexemption anyor e[his] the person's agent or attorney shall claim the exemption by filing as a npart bof 24the timeaction beforepending salein the magistrate court a list of the particular property orclaimed beforeto moneybe garnishedexempt isand ua [statement paidof tothe grounds for the plaintiff.exemption.

.226787.2SAThe -list 3may -be B.filed at any time before sale of the property or before money garnished is paid to the plaintiff.

B.

If judgment on the claim of exemption is rendered after expiration of the time for appeal on the main h issue in the action, either party aggrieved by the judgment on g o t hr the claim of exemption may appeal from that judgment to the [district]g e i k [district ] court of appeals in the same manner as other appeals h r i s from final judgments of the magistrate court are taken.

If h , t, judgment on the claim of exemption is rendered before judgment e u g e b l e e h on the main issue in the cause, the judgment on the claim of n d d i = = o h exemption shall be deemed interlocutory and included within any el t] 17b ,d i a º e appeal taken on the main issue in the action." wr li n= r t e w d 18m a n o SECTION 6.

Section 35-13-1 NMSA 1978 (being Laws 1968, =d =m 19: a l Chapter 62, Section 148, as amended) is amended to read:

ib e d s º o t n = .226787.2SAAIC February 3, 2024 (1:38pm) s k m e - 4 - e a n e d r 20e "35-13-1.l u [ A d Chapter 62, Section 148, as amended) is amended to read:

APPEALS--RIGHT"35-13-1. OF APPEAL.--Any party aggrieved a t m m 21 by any judgment rendered or final order issued by the d r e 22 magistrate court in any civil action or special statutory c e s k 23 proceeding, or the defendant aggrieved by any judgment rendered e a n b 24 or final order issued by the magistrate court in any criminal u [ action, may appeal to the [district] court of appeals within .226787.2SA - 4 - fifteen days after judgment is rendered or the final order is issued in the magistrate court." SECTION 7.

APPEALS--RIGHT OF APPEAL.--Any party aggrieved by any judgment rendered or final order issued by the magistrate court in any civil action or special statutory proceeding, or the defendant aggrieved by any judgment rendered or final order issued by the magistrate court in any criminal action, may appeal to the [district ] court of appeals within fifteen days after judgment is rendered or the final order is issued in the magistrate court." HAFCº SECTION 7.

Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.fund.»HAFC h SECTION HAFCº8.»HAFC HAFCº7.»HAFC REPEAL.--Sections u » r 35-13-2, 35-13-3, 39-2-5 and 39-2-6 NMSA 1978 (being Laws 1975, t h g e l i Chapter 242, Section 10, Laws 1968, Chapter 62, Section 151 and h r i s Laws 1865, Chapter 45, Sections 3 and 4, as amended) are h , e h repealed.

t u g e b l e e , gh SECTION 8.HAFCº 9.»HAFC HAFCº8.»HAFC EFFECTIVE DATE.--The n d d i = = o h effective date of the provisions of this act is July 1, 2025.