2018 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 8A - Metropolitan Courts
Section 34-8A-2 - Metropolitan court; constitution.
With respect to the provisions of Sections 1 and 26 of Article 6 of the state constitution and all other provisions of law, the metropolitan court shall constitute a state magistrate court which is inferior to the district courts and is established by law pursuant to the provisions of Section 1 of Article 6 of the state constitution.
History: Laws 1979, ch. 346, § 2; 1980, ch. 142, § 1.
Appeal provisions for magistrate courts not applicable. — Neither this section nor the constitutional provisions to which it refers have the effect of making appeal provisions for magistrate courts applicable to metropolitan court appeals. State v. Crespin, 1981-NMCA-084, 96 N.M. 553, 632 P.2d 1191, cert. denied, 97 N.M. 140, 637 P.2d 571.
Duty of public defenders in metropolitan court. — The public defender department's scope of representation is limited statutorily to the magistrate and the district courts; the legislature has designated the Albuquerque metropolitan court as a magistrate court. Therefore, the public defender department is obligated to represent all indigents in the Albuquerque metropolitan court who are charged with any violation that carries a possible penalty of imprisonment, including city code violations. 1987 Op. Att'y Gen. No. 87-43.
