2015 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Section 3 Magistrate Court; Jurisdiction
Section 35-3-8 Jurisdiction; recusal.
35-3-8. Jurisdiction; recusal.
A. Except by consent of all parties, no magistrate shall sit in any action in which:
(1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin;
(2) he was counsel for either party in that action; or
(3) he has an interest.
B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification.
History: 1953 Comp., 36-3-8, enacted by Laws 1968, ch. 62, 53.
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