Rule 5-105. Designation of judge.

A. Assignment of cases. The judge before whom the case is to be tried shall be designated at the time the information or indictment is filed, under local district court rule. B. Procedure for replacing a district judge who has been excused or recused. In the event 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 criminal proceeding is filed in any county of a judicial district 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 the state is seeking a search or arrest warrant 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.