2020 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 6 - District Courts
Section 34-6-24 - Operation; location of court; facilities.

Universal Citation: NM Stat § 34-6-24 (2020)

In each county, the district court shall be held at the county seat. Each board of county commissioners shall provide adequate quarters for the operation of the district court, including juvenile probation services, and provide necessary utilities and maintenance service for the operation and upkeep of district court facilities. From the funds of each judicial district, furniture, equipment, books and supplies shall be provided for the operation of each district court within the judicial district.

History: 1953 Comp., § 16-3-11, enacted by Laws 1968, ch. 69, § 25; 1988, ch. 101, § 45.

ANNOTATIONS

Cross references. — For terms to be held in each county at the county seat, see N.M. Const., art. VI, § 13.

Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-11, 1953 Comp., relating to failure of presiding judge to sign record because of death or disability.

Failure to hold court at de jure county seat. — Judgment of district court would not be set aside by supreme court merely on ground that the term of court at which it was rendered was not held at the de jure county seat of the county for which the term was held, as required by former statute, if the term was held and judgment rendered at the de facto county seat, established by the act of the legislative assembly of the territory. Territory v. Clark, 1909-NMSC-005, 15 N.M. 35, 99 P. 697.

Court funds used to purchase furniture and equipment. — Under this section the funds of the court are to be used in purchasing furniture and equipment, which items are not limited to use in any one county. 1969 Op. Att'y Gen. No. 69-46.

Under court's ownership and control. — Under this section the ownership and control of the furniture and equipment purchased are in the district court. 1969 Op. Att'y Gen. No. 69-46.

Responsibility for county courthouse security. — The board of county commissioners is responsible for providing security for the county courthouse on a 24-hour basis. 1979 Op. Att'y Gen. No. 79-04.

Commitment hearing at commitment facility not precluded. — Absent a showing by a "developmentally disabled" person that his substantive rights would in any way be abridged if his involuntary commitment hearing is not held at the county seat, the district court is not precluded from adopting the practice of holding such hearings at the commitment facility when, in its discretion, such practice would better serve the public convenience. 1979 Op. Att'y Gen. No. 79-20.

Services provided for juvenile probation facilities. — Counties were required to provide the services specified in this section for juvenile probation facilities operated by the youth authority. 1989 Op. Att'y Gen. No. 89-29 (rendered prior to 1992 repeal of the Youth Authority Act).

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