2020 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 6 - District Courts
Section 34-6-37 - Finance; disposition of court income; state treasurer account.
Each district court clerk shall open an account in a bank which is a member of the federal deposit insurance corporation. The account shall be in the name of the state treasurer of New Mexico, and withdrawals may be made only by the state treasurer. All fines, fees, costs and other money received by the clerk, except money designated by law for deposit in the court clerk trust account, shall be deposited to this account not later than two working days after receipt by the clerk. Deposit slips shall be prepared by the clerk to clearly distinguish between fines and forfeitures which the state treasurer will credit to the current school fund of the state, money designated by law for credit to other specific funds in the state treasury, and all other money. Duplicate deposit slips and all bank statements shall be forwarded immediately to the state treasurer by the clerk. No collateral securities shall be required of the bank for this account, but the state treasurer shall make withdrawals from each account at least quarterly, and, in any event, so that the balance remaining in any account never exceeds fifteen thousand dollars ($15,000). Money withdrawn shall be credited to the proper account in the state treasury, and any money not otherwise designated by law shall be credited to the state general fund.
History: 1953 Comp., § 16-3-25, enacted by Laws 1968, ch. 69, § 39.
ANNOTATIONSCross references. — For audit of accounts, see 12-6-1 NMSA 1978.
For the Procurement Code, see 13-1-99 NMSA 1978.
For the general fund, see 6-4-2 NMSA 1978.
Repeals and reenactments. — Laws 1968, ch. 69, § 69, repeals former 16-3-25, 1953 Comp., relating to transfer of unclaimed money to court fund, and Laws 1968, ch. 69, § 39, enacts the above section.
Section applies to excess federal fees. — Fees collected under 34-6-42 NMSA 1978 which are in excess of those remitted to the federal government must be handled according to this section, and the district court clerk is precluded from retaining them. 1968 Op. Att'y Gen. No. 68-77.
Deposit of funds in reserve investment fund for 25 years. 1969 Op. Att'y Gen. No. 69-33 (rendered under prior law).
