Rule 23-109 NMRA
Rule 23-109. Chief judges.
A. Selection; term; vacancies for unexpired terms.
(1)
Each judicial district and each metropolitan court shall have a chief judge.
The chief judge of a judicial district or metropolitan court shall be selected in the manner
provided by the constitution by a majority of the sitting district judges in that judicial
district or sitting metropolitan court judges in that metropolitan court who have been duly
appointed or elected and taken the oath of office. A chief judge may be re-elected to
serve successive terms. In the event of a tie vote, the senior judge among those who
are tied shall be the chief judge.
(2)
Effective December 31, 2014, upon the expiration of the term of a sitting
chief judge in a judicial district or metropolitan court, the next election for the chief judge
of that judicial district or metropolitan court shall be for a term of at least two (2) years
but no more than three (3) years, with said term to expire on May 15. Thereafter, every
three (3) years, the election of a chief judge for that judicial district or metropolitan court
shall take place on or before April 15 for a three (3)-year term to begin on May 15.
(3)
In the event of a vacancy before the expiration of a term for a chief judge,
the vacancy shall be filled as follows:
(a) If the remainder of the term of the vacancy is less than one (1) year, an
election shall be held to elect a new chief judge to serve the remainder of the term plus
a new three (3)-year term;
(b) If the remainder of the term of the vacancy is more than one (1) year, an
election shall be held to elect a new chief judge to serve the remainder of the term and,
at the expiration of that term, an election shall be held to elect a chief judge for a new
three (3)-year term; and
(c) The Chief Justice may appoint an acting chief judge for a judicial district or
metropolitan court until a new chief judge is elected to serve the remainder of an
unexpired term under this subparagraph.
B. Duties and Responsibilities. The chief judge of each judicial district and each
metropolitan court district shall have the administrative responsibility for that judicial
district, including all magistrate courts located within the district, or metropolitan court
and shall
(1)
administer established policy concerning the court's internal operations;
(2)
call and preside over regular and special meetings of the judges;
(3)
appoint standing and special committees as may be advisable to assist in
the proper performance of the duties and functions of the court;
(4)
designate one of the judges to act during the chief judge's temporary
absence or inability to act;
(5)
exercise responsibility as the administrative authority in accordance with
the provisions of law and the New Mexico Judicial Branch Personnel Rules and ensure
the enforcement of those rules;
(6)
exercise general supervision, coordination, and direction of business of
the court;
(7)
supervise performance of the court's administrative office;
(8)
supervise court finances, including financial planning and preparation, and
presentation of court budgets;
(9)
coordinate the use of space, equipment, and facilities of the court;
(10)
assign, reassign, or consolidate cases among the several judges as
equitably as possible. Except with respect to specialty courts consisting of a single
judge, cases shall be assigned by random selection designed so that each judge will
receive substantially the same number and type of cases. If a judge is unable to
administer the cases assigned to such judge within a reasonable time, or if there are
other justifiable reasons, the chief judge, in consultation with the other judges, may
reassign cases to other judges within the district except for cases previously assigned
by the Chief Justice as an out-of-district designation;
(11)
have published for general distribution copies of a current calendar setting
forth the judicial assignments of the judges, the times and places assigned for hearing
court matters, and any special calendaring requirement deemed necessary by the chief
judge;
(12)
prepare an orderly plan of vacations for all court personnel, and for
attendance at schools, conferences, and workshops for judges and other court
personnel;
(13)
provide an orientation program for new judges as soon as possible after
their election or appointment;
(14)
provide for liaison between the court and other governmental or civic
agencies;
(15)
when appropriate, meet with or designate a judge or judges to meet with
committees of the bench, bar, news media, or community to review problems and to
promote understanding of the administration of justice;
(16)
oversee juror management;
(17)
implement and monitor compliance with all policies, rules, and regulations
issued by the Supreme Court;
(18)
perform such other administrative and substantive functions as are
necessary for the efficient operations of the court on a day-to-day basis.
C. Reporting. The chief judge shall advise the Chief Justice of the failure or refusal
of any judge of such court to comply with the Code of Judicial Conduct or an
established policy, rule, or regulation of such court or the Supreme Court.