Justices of the supreme court, in the state, and district judges and magistrates, in their respective jurisdictions, shall be conservators of the peace. District judges and other judges or magistrates designated by law may hold preliminary examinations in criminal cases. (As amended November 8, 1966.)

ANNOTATIONS

The 1966 amendment, which was proposed by H.J.R. No. 34, § 3 (Laws 1965) and adopted at the general election held on November 8, 1966, with a vote of 81,055 for and 26,317 against, amended this section, substituting "and district judges . . . jurisdictions" for "district judges in their respective districts and justices of the peace in their respective counties" and "other judges or magistrates designated by law" for "justices of the peace."

Cross references. — For right to preliminary hearing of one held on an information, see N.M. Const., art. II, § 14.

For preliminary hearing procedure, see Rules 5-302, 6-202, and 7-202 NMRA.

Comparable provisions. — Iowa Const., art. V, § 7.

Driving while intoxicated was breach of the peace, over which justice of the peace had jurisdiction. State v. Rue, 1963-NMSC-090, 72 N.M. 212, 382 P.2d 697.

Power of nonresident judge to hold preliminary hearing. — Nonresident judge who sits at request of a resident judge is vested with all the latter's powers, including that of holding preliminary hearings. State v. Encinias, 1949-NMSC-044, 53 N.M. 343, 208 P.2d 155.

Payment of autopsies with court funds. — The district courts are constitutionally designated as conservators of the peace. As such, and when autopsies are warranted in pursuit of that design, district court funds may be disbursed in payment of autopsies, on proper approval. 1958 Op. Att'y Gen. No. 58-83.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 22.

48A C.J.S. Judges § 53.