Rule 1-088 NMRA
Rule 1-088. Designation of judge.
A. Assignment of cases. The judge before whom the case is to be tried shall be
designated at the time the complaint is filed under local district court rule.
B. Procedure for replacing a district judge who has been excused or recused.
Upon the filing of a notice that a district judge has been excused or recused, the clerk
shall assign a district judge of another division at random, in the same fashion as cases
are originally assigned or pursuant to local district court rule. If all district judges in the
district have been excused or recused, the clerk of the district court shall notify the chief
justice of the Supreme Court of New Mexico, who shall designate a judge, justice, or
judge pro tempore to hear all further proceedings.
C. Automatic recusal. If a civil proceeding is filed in any county of a judicial district
by or against a judge or an employee of the district, a judge from another district shall
be designated in accordance with procedures ordered by the chief justice.
D. Designation of temporary judge. If a party is seeking an emergency order or a
temporary restraining order under Rule 1-066 NMRA and all of the judges of a judicial
district are ineligible to hear the matter or have recused themselves, the clerk shall
immediately certify the case to the Supreme Court for designation of a judge to hear all
matters in the proceedings until such time as a judge may be agreed upon by the
parties or designated in accordance with this rule.
E. Excuse of judge appointed by chief justice. Any judge designated by the chief
justice may not be excused except under Article VI, Section 18 of the New Mexico
Constitution.
F. Departure of judge designated by chief justice; transfer of cases. When a
judge designated to serve by the chief justice is no longer a member of the judiciary, the
cases assigned to the judge shall remain on the docket of the judge’s successor. The
new judge may not be excused except under Article VI, Section 18 of the New Mexico
Constitution.