Rule 8-105 NMRA
Rule 8-105. Designation of judge.
A. Appointment of temporary municipal judge. Upon recusal or disqualification
of a municipal judge, or if by reason of absence, death, sickness or other cause, a
municipal judge is unable or unavailable to perform the duties of the municipal judge, a
temporary municipal judge shall be appointed in the manner prescribed by law. If no
municipal ordinance shall govern the temporary appointment of a municipal court judge,
or if none shall be appointed in accordance with the ordinance, the district court, upon
certification of that fact by letter from the municipal court judge or any party, shall
designate a qualified elector of the municipality to sit as municipal court judge in the
action.
B. Transfer of records. After designation of a temporary municipal court judge,
whether by ordinance or order of the district court, the disqualified judge shall forthwith
send to the designated judge a copy of all proceedings in the action, pay to the
designated judge all money received in the action and mark the records filed in the
action "transferred by disqualification to" followed by the designated judge's name. The
designated judge shall include in the court file a complete copy of the papers transferred
by the disqualified judge and shall keep a record of all subsequent proceedings in the
same manner as if the action had originally been filed with the designated judge.
C. Obtaining records. After designation of a temporary municipal court judge
because of the inability or unavailability of the municipal court judge to perform the
judge's duties, the designated judge shall take such action as may be necessary to
obtain the files in the case, and all proceedings shall thereafter be conducted as if the
action had originally been filed with the designated judge.