Rule 2-105 NMRA
Rule 2-105. Assignment and designation of judges.
A. Assignment. In magistrate courts with two or more judges, cases shall be
assigned randomly among the judges of the court under a selection system
administered by the Supreme Court, unless the presiding judge orders otherwise for
good cause shown. Once a judge is assigned to hear a case that judge shall have sole
responsibility for the case and no other judge may take any action on the case except
(1)
in cases where the judge has been reassigned because the assigned
judge has been recused, is excused, is sick, or is otherwise unavailable and another
judge has been assigned; or
(2)
with the approval of the assigned judge and all of the parties.
B. Reassignment.
(1)
Courts with two or more judges. In magistrate courts with two or more
judges, upon receipt of a notice of excusal or upon recusal, the magistrate court shall
give written notice to the parties to the action.
(a) Recusal. Upon recusal, the selection system administered by the
Supreme Court shall randomly assign another magistrate judge first, to another judge in
the originating court, or, if all of those judges have been excused or have recused, to
another judge in the same magistrate district to preside over the case unless for good
cause shown the presiding magistrate shall make a specific assignment. In situations
where recusal would be required for multiple judges in a magistrate district, recusing
magistrate judges may enter a joint recusal prior to formal assignment by the selection
system in order to expedite the recusal process.
(b) Excusal; reassignment. Upon the filing of a notice of excusal, the selection
system administered by the Supreme Court shall randomly reassign the case first, to
another judge in the originating court, or, if all of those judges have been excused or
have recused, to another judge in the same magistrate district, unless the presiding
judge determines that there is justifiable reason to assign a case to a particular judge
and the reason is included in the notice of reassignment.
(c) Designation by district court. If all magistrate judges in the magistrate
district have been excused or have recused themselves, one of the judges on the
district court’s order of designation shall be randomly assigned to conduct any further
proceedings. The magistrate court shall send notice of the reassignment to the parties.
The district court’s order of designation shall be entered at the beginning of the calendar
year.
(2)
Other courts. In magistrate courts with only one magistrate judge, upon
receipt of a notice of excusal or upon recusal, the magistrate court shall give written
notice to the parties to the action.
(a) Recusal. Upon recusal, another magistrate judge of the magistrate district
shall be randomly assigned to preside over the case by the selection system
administered by the Supreme Court.
(b) Excusal. Upon the filing of the notice of excusal, another magistrate judge
of the magistrate district shall be randomly assigned to preside over the case by the
selection system administered by the Supreme Court.
(c) Designation by district court. If all the magistrate judges in the magistrate
district have recused themselves or been excused, one of the judges on the district
court’s order of designation shall be randomly assigned to conduct any further
proceedings. The magistrate court shall send notice of the reassignment to the parties.
The district court’s order of designation shall be entered at the beginning of the calendar
year.
C. Assignment out-of-district. If a judge or an employee of the magistrate district
in which a civil proceeding is pending is a party to that proceeding, no judge of the
magistrate district may hear the matter and one of the judges on the district court’s
order of designation shall be randomly assigned to conduct any further proceedings.
The magistrate court shall send notice of the reassignment to the parties.
D. Assignment of direct criminal contempt cases. Cases of direct criminal
contempt shall be assigned to the judge before whom the contempt occurred.
E. Reassignment to multiple cases. The district court judge may designate a
magistrate judge from another magistrate district to sit in actions arising in a particular
magistrate district for a specific period of time.
F. Subsequent proceedings. All proceedings shall be conducted in the original
magistrate court, except that with the consent of all parties and the assigned judge,
proceedings may be held in another magistrate court in the same judicial district in
which the original magistrate court is located. The clerk of the original magistrate court
shall continue to be responsible for the court file and shall perform such further duties
as may be required. Within five (5) business days after assignment or designation of a
new judge, the clerk shall make a copy of the court file for the designated judge and
forward it to the judge. Within ten (10) business days of adjudication of the case, the
original documents of the adjudication shall be forwarded to the clerk of the original
magistrate court for filing.
G. Unavailability of judge. At any time during the pendency of the proceedings if
the assigned judge is unavailable, the assigned judge may designate another judge of
the magistrate district to hear any matter that is not dispositive of the case or the parties
may agree on another judge to hear any matter, including the merits of the case. The
agreement is subject to the approval of the assigned judge and the judge agreed upon
by the parties. If another judge is agreed upon to hear the merits of the case, the case
shall be reassigned to that judge.