Rule 1-088 NMRA

Rule 1-088. Designation of judge.

Last amended: 2017Year: 2017Length: 350 wordsOfficial source
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.
Rule 1-088 NMRA: Rule 1-088. Designation of judge. | Justis AI