N.M. Stat. § 35-8-5
Magistrate jury; discharge upon failure to agree.
Whenever the magistrate is satisfied that a jury cannot agree upon a verdict in the
manner provided by law after a reasonable time, or, in the exercise of his discretion the
magistrate determines that some necessity exists for discharge of the jury, he may
discharge it and summon a new jury unless the parties agree that the magistrate may
render judgment.