N.M. Stat. § 35-3-4
Jurisdiction; criminal actions.
A. Magistrates have jurisdiction in all cases of misdemeanors and petty
misdemeanors, including offenses and complaints under ordinances of a county.
Magistrates also have jurisdiction in any other criminal action where jurisdiction is
specifically granted by law, and they may hold preliminary examinations in any criminal
action where authorized by law.
B. Magistrates have jurisdiction over all offenses and complaints under ordinances
of a municipality and may issue subpoenas and warrants and punish for contempt if that
municipality has adopted an effective ordinance to provide for magistrate jurisdiction
over municipal ordinances pursuant to the provisions of Subsection B of Section 35-14-
1 NMSA 1978.
C. In any criminal action in the magistrate court which is beyond the jurisdiction of
the magistrate court, the magistrate may commit to jail, discharge or recognize the
defendant to appear before the district court as provided by law. Whenever the
defendant is bound over to the district court, the magistrate shall forthwith deliver to the
clerk of the district court a transcript of all proceedings in the magistrate court in the
action.