Rule 3-105 NMRA
Rule 3-105. Assignment and designation of judges.
A. Procedure for replacing a judge upon excusal or recusal. Upon receipt of a
notice of excusal or upon recusal, the chief metropolitan court judge shall, by random
selection, assign another metropolitan court judge to try the case. If all metropolitan
court judges in the district have been excused or have recused themselves, the chief
judge of the metropolitan court shall certify that fact by letter to the district court of the
county in which the action is pending and the district court shall designate another judge
to conduct any further proceedings. The district court shall send notice of its designation
to the parties or their counsel and to the metropolitan court.
B. Subsequent proceedings. All proceedings shall be conducted in the
metropolitan court. The clerk of the metropolitan court shall continue to be responsible
for the court file and shall perform such further duties as may be required. Within five (5)
days after assignment or designation of a new judge, the clerk shall make a copy of the
court file for the designated judge.
C. Parties agreement on trial judge. At any time during the pendency of the
proceedings if the assigned judge is unavailable, 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.