2017 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 2 - Magistrate Court; Qualification
Section 35-2-3 - Qualification; certificate of magistrate qualification.

Universal Citation:
NM Stat § 35-2-3 (2017)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

35-2-3. Qualification; certificate of magistrate qualification.

A. Within fifteen days after each general election, the administrative office of the courts shall notify each apparently successful candidate for the office of magistrate of the requirements for qualification. Within thirty days after election or appointment, each apparently successful candidate and each appointee shall file with the administrative office an application for certificate of magistrate qualification. The application shall be in a form prescribed by the administrative office and shall include:

(1) the oath of office prescribed by the constitution for public officers subscribed to by the applicant;

(2) the applicant's certificate of election or appointment; and

(3) evidence of the applicant's possession of personal qualifications required by law.

B. Each applicant for a certificate of magistrate qualification who has not previously held such a certificate shall attend a qualification training program conducted by the administrative office as a prerequisite to the issuance of his first certificate. The administrative office shall prescribe the content of the qualification training program so as to inform applicants with reference to judicial powers and duties.

C. Upon approval of the application and, when required, upon the applicant's attendance at a qualification training program, the administrative office shall certify the applicant's initial qualification in accordance with the requirements of law by issuing to the applicant a "certificate of magistrate qualification." Each magistrate shall post the certificate in a conspicuous place in his courtroom.

D. If not sooner suspended or revoked as provided by law, each certificate of magistrate qualification automatically expires at the end of the term to which the magistrate is elected or appointed or when his successor in office is qualified, whichever is later.

E. Any magistrate who fails to complete the requirements for initial qualification within forty-five days of election or appointment shall be held to have resigned his office, and the administrative office shall certify the existence of the vacancy to the governor.

History: 1953 Comp., 36-2-3, enacted by Laws 1968, ch. 62, 43.

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