Rule 7-105. Assignment and designation of judges.

A. Assignment. The metropolitan court is divided into two divisions: a criminal division and a civil division. Criminal cases filed in the metropolitan court shall be assigned among the criminal division judges of the metropolitan court as equitably as possible on a random basis. 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) at arraignment or first appearance; (2) in cases where the judge has been recused, is excused, or the chief judge has assigned another judge; or (3) with the approval of the assigned judge, the agreed upon judge, and all of the parties. B. Reassignment. (1) Recusal. Upon recusal, the chief judge of the metropolitan court shall assign another judge under these rules to preside over the case. (2) Excusal. Upon the filing of a notice of excusal, the chief judge of the metropolitan court shall randomly assign another metropolitan court judge to preside over the case. (3) Certification to district court. If all metropolitan court judges in the district have been excused or have recused themselves, the chief judge of the metropolitan court shall either appoint a pro tem judge in accordance with the provisions of Section 34-8A-4.2 NMSA 1978 or certify by letter to the district court of the county in which the action is pending the fact of such excusal or recusal, 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. The chief judge of the metropolitan court also may appoint a pro tem judge or send certification to the district court if the chief judge determines, after consultation with the metropolitan court judges, that such action is appropriate. C. Subsequent proceedings. All proceedings shall be conducted in the metropolitan court or at another location designated by the chief judge of 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. D. Unavailability of judge. At any time during the pendency of the proceedings if the assigned judge is unavailable, the chief judge may designate another judge to hear any matter. The designated judge may be a pro tem judge. Upon appearance of the designated judge, the parties may move to continue the case until the original judge is available to hear the matter by stipulating to an extension of the time limitations set forth in Rule 7-506 NMRA, or the parties may exercise their rights to excuse the designated judge, including a pro tem judge, under these rules. If any designated judge is excused, the chief judge may designate another judge to preside over the matter.