2017 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 3 - Magistrate Court; Jurisdiction
Section 35-3-4 - Jurisdiction; criminal actions.
35-3-4. Jurisdiction; criminal actions.
A. Magistrates have jurisdiction in all cases of misdemeanors and petty misdemeanors, including offenses and complaints under ordinances of a county. Magistrates also have jurisdiction in any other criminal action where jurisdiction is specifically granted by law, and they may hold preliminary examinations in any criminal action where authorized by law.
B. Magistrates have jurisdiction over all offenses and complaints under ordinances of a municipality and may issue subpoenas and warrants and punish for contempt if that municipality has adopted an effective ordinance to provide for magistrate jurisdiction over municipal ordinances pursuant to the provisions of Subsection B of Section 35-14-1 NMSA 1978.
C. In any criminal action in the magistrate court which is beyond the jurisdiction of the magistrate court, the magistrate may commit to jail, discharge or recognize the defendant to appear before the district court as provided by law. Whenever the defendant is bound over to the district court, the magistrate shall forthwith deliver to the clerk of the district court a transcript of all proceedings in the magistrate court in the action.
History: 1953 Comp., 36-3-4, enacted by Laws 1968, ch. 62, 49; 1973, ch. 206, 2; 1984, ch. 30, 2; 1985, ch. 59, 1; 1985, ch. 147, 1.
