2021 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 6 - District Courts
Section 34-6-19 - Personnel; designation.

The district court shall appoint a district court clerk for each county of the judicial district. One person may be named as the clerk for more than one county. Deputy clerks and other personnel, including interpreters, bailiffs and secretaries as required, may be employed. The duties and place of employment shall be designated by the court.

History: 1953 Comp., § 16-3-6, enacted by Laws 1968, ch. 69, § 20.

Cross references. — For clerks making records, issuing process and preserving and affixing seal, see 34-1-6 NMSA 1978.

For appointment of interpreters and translators, see 34-1-7 NMSA 1978.

For interpreter responsibilities, see 23-111 NMRA.

For county clerk performing district court clerk's duties unless otherwise provided, see N.M. Const., art. VI, § 22.

For clerks' duties in replevin actions, see 42-8-20 NMSA 1978.

Repeals and reenactments. — Laws 1961, ch. 121, § 4, repealed former 16-3-6, 1953 Comp., relating to powers of judges of the second judicial district, and a new 16-3-6, 1953 Comp., dealing with the same subject matter, was enacted by Laws 1961, ch. 121, § 2. Laws 1968, ch. 69, § 69, repealed 16-3-6, 1953 Comp.

Clerk de facto. — Where county clerk had presumably authorized another person to serve as her deputy and such person had been recognized in that capacity for some two years by the bench and bar and had signed and sealed court records during that time without objection, she would be deemed to be, at least, a clerk de facto. Heron v. Gaylor, 1945-NMSC-005, 49 N.M. 62, 157 P.2d 239.

Deputy may certify record in clerk's name. — A certification of a record in the name of the clerk by the clerk's deputy was sufficient. Territory v. Christman, 1899-NMSC-009, 9 N.M. 582, 58 P. 343.

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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Clerks of Court §§ 2, 39.

Validity, construction, and application of statutes providing for entry of default judgment by clerk without intervention of court or judge, 158 A.L.R. 1091.

Use of interpreter in court proceedings, 172 A.L.R. 923.

Liability of clerk of court or surety on bond for negligent or wrongful acts of deputies or assistants, 71 A.L.R.2d 1140.

21 C.J.S. Courts §§ 107 et seq., 236 et seq.