2020 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 1 - Magistrate Court; Establishment; Districts; Election
Section 35-1-38 - Magistrate court; justices of the peace abolished; transfer.

The office of justice of the peace is abolished. All jurisdiction, powers and duties conferred by law upon justices of the peace are transferred to the magistrate court. Whenever the term "justice of the peace" may be used in the laws, it shall be construed to refer to the magistrate court.

History: 1953 Comp., § 36-1-38, enacted by Laws 1968, ch. 62, § 40.

Cross references. — For establishment of magistrate court, see N.M. Const., art. VI, § 26, and 35-1-1 NMSA 1978.

For abolition of justice of the peace, see N.M. Const., art. VI, § 31.

Effect in criminal cases. — The transfer provision of this section does not grant a magistrate the authority to set aside its judgment in a criminal case. State v. Vega, 1977-NMCA-107, 91 N.M. 22, 569 P.2d 948, overruled on other grounds by State v. Tollardo, 1982-NMCA-156, 99 N.M. 115, 654 P.2d 568.

Lay practice must be continual. — Where the practice is not occasional and non-reoccurring, but is continual, the New Mexico supreme court will not permit the practice of law by unlicensed magistrate courts' lawyers who are unfettered by the strictures which apply to the rest of the legal profession. State ex rel. Norvell v. Credit Bureau of Albuquerque, Inc., 1973-NMSC-087, 85 N.M. 521, 514 P.2d 40.

Magistrate court jurisdiction affected by transferred laws. — The jurisdiction and powers of a magistrate's court are governed by the laws relating to justices of the peace except as they have been later changed. 1969 Op. Att'y Gen. No. 69-91.

Jurisdiction affected by transferred cases. — Recourse must be had to decisions in New Mexico courts setting forth the powers of justices of the peace which now apply equally to magistrates. 1969 Op. Att'y Gen. No. 69-91.

Effect on practice of law by laymen. — Under this section a layman would be allowed to practice law in magistrate courts to whatever extent he could formerly practice in the justice of the peace courts. 1969 Op. Att'y Gen. No. 69-12.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justice of the Peace § 6.

51 C.J.S. Justices of the Peace §§ 1, 4, 26 to 52.