N.M. Sup. Gen. R. 23-109

As amended through May 8, 2024
Rule 23-109 - Chief judges
A.Selection; term; vacancies for unexpired terms.
(1) Each judicial district and each metropolitan court shall have a chief judge. The chief judge of a judicial district or metropolitan court shall be selected in the manner provided by the constitution by a majority of the sitting district judges in that judicial district or sitting metropolitan court judges in that metropolitan court who have been duly appointed or elected and taken the oath of office. A chief judge may be re-elected to serve successive terms. In the event of a tie vote, the senior judge among those who are tied shall be the chief judge.
(2) Effective December 31, 2014, upon the expiration of the term of a sitting chief judge in a judicial district or metropolitan court, the next election for the chief judge of that judicial district or metropolitan court shall be for a term of at least two (2) years but no more than three (3) years, with said term to expire on May 15. Thereafter, every three (3) years, the election of a chief judge for that judicial district or metropolitan court shall take place on or before April 15 for a three (3)-year term to begin on May 15.
(3) In the event of a vacancy before the expiration of a term for a chief judge, the vacancy shall be filled as follows:
(a) If the remainder of the term of the vacancy is less than one (1) year, an election shall be held to elect a new chief judge to serve the remainder of the term plus a new three (3)-year term;
(b) If the remainder of the term of the vacancy is more than one (1) year, an election shall be held to elect a new chief judge to serve the remainder of the term and, at the expiration of that term, an election shall be held to elect a chief judge for a new three (3)-year term; and
(c) The Chief Justice may appoint an acting chief judge for a judicial district or metropolitan court until a new chief judge is elected to serve the remainder of an unexpired term under this subparagraph.
B.Duties and Responsibilities. The chief judge of each judicial district and each metropolitan court district shall have the administrative responsibility for that judicial district, including all magistrate courts located within the district, or metropolitan court and shall
(1) administer established policy concerning the court's internal operations;
(2) call and preside over regular and special meetings of the judges;
(3) appoint standing and special committees as may be advisable to assist in the proper performance of the duties and functions of the court;
(4) designate one of the judges to act during the chief judge's temporary absence or inability to act;
(5) exercise responsibility as the administrative authority in accordance with the provisions of law and the New Mexico Judicial Branch Personnel Rules and ensure the enforcement of those rules;
(6) exercise general supervision, coordination, and direction of business of the court;
(7) supervise performance of the court's administrative office;
(8) supervise court finances, including financial planning and preparation, and presentation of court budgets;
(9) coordinate the use of space, equipment, and facilities of the court;
(10) assign, reassign, or consolidate cases among the several judges as equitably as possible. Except with respect to specialty courts consisting of a single judge, cases shall be assigned by random selection designed so that each judge will receive substantially the same number and type of cases. If a judge is unable to administer the cases assigned to such judge within a reasonable time, or if there are other justifiable reasons, the chief judge, in consultation with the other judges, may reassign cases to other judges within the district except for cases previously assigned by the Chief Justice as an out-of-district designation;
(11) have published for general distribution copies of a current calendar setting forth the judicial assignments of the judges, the times and places assigned for hearing court matters, and any special calendaring requirement deemed necessary by the chief judge;
(12) prepare an orderly plan of vacations for all court personnel, and for attendance at schools, conferences, and workshops for judges and other court personnel;
(13) provide an orientation program for new judges as soon as possible after their election or appointment;
(14) provide for liaison between the court and other governmental or civic agencies;
(15) when appropriate, meet with or designate a judge or judges to meet with committees of the bench, bar, news media, or community to review problems and to promote understanding of the administration of justice;
(16) oversee juror management;
(17) implement and monitor compliance with all policies, rules, and regulations issued by the Supreme Court;
(18) perform such other administrative and substantive functions as are necessary for the efficient operations of the court on a day-to-day basis.
C.Reporting. The chief judge shall advise the Chief Justice of the failure or refusal of any judge of such court to comply with the Code of Judicial Conduct or an established policy, rule, or regulation of such court or the Supreme Court.

N.M. Sup. Gen. R. 23-109

Effective,6/1/1988; as amended, effective,7/1/1990; as amended by Supreme Court Order 14-8300-003, effective 4/23/2014; as amended by Supreme Court Order 14-8300-018, effective 12/31/2014; as amended by Supreme Court Order No. 19-8300-003, effective July 1, 2019.

ANNOTATIONS The 2019 amendment, approved by Supreme Court Order No. 19-8300-013, effective July 1, 2019, provided certain clarifying language, and provided administrative responsibility to the chief judge of each judicial district over all magistrate courts located within that district; in Subparagraph A(1), after ?majority of the sitting?, added ?district?, after ?judicial district or?, added ?sitting?, and after ?metropolitan court judges?, added ?in that metropolitan court?; and in Paragraph B, after ?for that judicial district?, added ?, including all magistrate courts located within the district?. The second 2014 amendment, approved by Supreme Court Order No. 14-8300-018, effective December 31, 2014, provided a schedule for the election of chief judges; provided that the term of office of chief judge expires on May 15; provided that the term of office of chief judge is three years; provided a transition period to implement the election schedule; provided for the filling of vacancies in the office of chief judge; in Paragraph A, in the title, added "vacancies for unexpired terms"; in Paragraph A (1), in the second sentence, after "provided by the constitution", deleted "for a three (3)-year term" and added the remainder of the sentence; added Paragraph A (3); in Paragraph B (4), after "judges to act", deleted "in" and added "during" and after "chief judge's", added "temporary"; and in Paragraph B (10), in the third sentence, after "other judges within the district", added the remainder of the sentence. The first 2014 amendment, approved by Supreme Court Order No. 14-8300-004, effective April 23, 2014, clarified the selection of the chief judge when there is a tie vote; and in Paragraph A, in the last sentence, after "the senior judge", added "among those who are tied".