N.M. Const. art. VI, § 26
The legislature shall establish a magistrate court to exercise limited original jurisdiction as may be provided by law. The magistrate court shall be composed of such districts and elective magistrates as may be provided by law. Magistrates shall be qualified electors of, and reside in, their respective districts, and the legislature shall prescribe other qualifications. Magistrates shall receive compensation as may be provided by law, which compensation shall not be diminished during their term of office. Metropolitan court judges shall be chosen as provided in this constitution. (As repealed and reenacted November 8, 1966; as amended November 8, 1988.)
The 1988 amendment, which was proposed by S.J.R. No. 1, § 1 (Laws 1988) and adopted at the general election held on November 8, 1988, by a vote of 203,509 for and 159,957 against, added the last sentence.
The 1966 amendment, which was proposed by H.J.R. No. 34, § 4 (Laws 1965) and adopted at the general election held on November 8, 1966, with a vote of 81,055 for and 26,317 against, repealed this section and enacted a new Section 26, providing for establishment of magistrate courts. Prior to repeal and reenactment, this section read: "Justices of the peace, police magistrates and constables shall be elected in and for such districts as are or may be provided by law. The legislature shall prescribe the qualifications for these offices. Such justices and police magistrates shall not have jurisdiction in any matter in which the title to real estate or the boundaries of land may be in dispute or drawn in question or in which the debt or sum claimed shall be in excess of two hundred dollars exclusive of interest."
Cross references. — For statutory provisions relating to magistrates' courts, see 35-1-1 NMSA 1978 et seq.
Comparable provisions. — Montana Const., art. VII, § 5.
Utah Const., art. VIII, §§ 11, 14.
"Limited jurisdiction". — The reference in this section and 35-1-1 NMSA 1978 to "limited" jurisdiction indicates that a magistrate is without authority to take action unless the authority has been affirmatively granted; neither provision authorizes a magistrate to set aside judgment in a criminal case. State v. Vega, 1977-NMCA-107, 91 N.M. 22, 569 P.2d 948.
"Limited" jurisdiction indicates that a magistrate is without authority to take action unless authority is affirmatively granted by the constitution or statutory provision. A magistrate has continuing control over a criminal judgment only until such time as the aggrieved party's opportunity to file an appeal expires. State v. Ramirez, 1981-NMSC-125, 97 N.M. 125, 637 P.2d 556.
Writs of injunction. — N.M. Const., art. VI, § 13, does not preclude the legislature from exercising the constitutional authority under this section and N.M. Const., art. VI, § 1, to grant injunctive authority to courts of limited jurisdiction. Martinez v. Sedillo, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543.
Constitution did not define criminal jurisdiction of justices of peace (now magistrate courts), nor make a grant thereof, but merely recognized justices of the peace courts as one of the tribunals upon which the judicial power of the state was vested, made them conservators of the peace, and thereby left the criminal jurisdiction of justices of the peace as fixed by the territorial legislature of 1876 until the enactment of further law. State v. Rue, 1963-NMSC-090, 72 N.M. 212, 382 P.2d 697.
No discretionary right to refuse second complaint after no cause found in first. — A magistrate, who has previously heard evidence under an original criminal complaint and has found no probable cause, does not have a discretionary right to refuse the filing of a second complaint. State v. De La O, 1985-NMCA-023, 102 N.M. 638, 698 P.2d 911.
Magistrate court has no jurisdiction to set aside a jury verdict. Jaramillo v. O'Toole, 1982-NMSC-011, 97 N.M. 345, 639 P.2d 1199.
No equitable jurisdiction was vested in justice court (now magistrate courts). Durham v. Rasco, 1924-NMSC-049, 30 N.M. 16, 227 P. 599, 34 A.L.R. 838 .
Creation of police court by city not authorized. — This section, prior to its repeal and reenactment, did not establish offices of justices of the peace, police magistrates and constables, but merely defined the manner of their selection. Hence, a commission-manager city could not create a police court or elect a police judge. Stout v. City of Clovis, 1932-NMSC-073, 37 N.M. 30, 16 P.2d 936.
Damages on appeal to district court. — On appeal to district court in a trial de novo in forcible entry and detainer action, the district court was limited in the amount of damages it could award by the maximum award allowable in the justice court (now magistrate courts). Sanchez v. Reilly, 1950-NMSC-041, 54 N.M. 264, 221 P.2d 560.
Right of venue distinguished from magistrate's territorial jurisdiction. — The defendant's personal right of venue is a legal concept, separate and distinct from the territorial jurisdiction of the magistrate, and a statute affecting one does not necessarily affect the other. 1979 Op. Att'y Gen. No. 79-12.
Statutory prescription of qualifications. — The requirement in 36-2-1 NMSA 1978 that magistrates must have the equivalent of a high school education does not violate N.M. Const., art. VII, § 2, relating to qualifications for office, because this section gives the legislature the power to prescribe qualifications for magistrate court judges. 1969 Op. Att'y Gen. No. 69-08.
Competency of defendants in courts of limited jurisdiction. — Except for metropolitan courts, courts of limited jurisdiction have no authority to hold competency hearings. 2003 Op. Att'y Gen. No. 03-04.
Courts of limited jurisdiction have no authority to commit defendants to a mental health facility. 2003 Op. Att'y Gen. No. 03-04.
Magistrate court may order restitution. — The magistrate court may, as part of its sentencing power, order a Criminal Code or Motor Vehicle Code violator to make restitution. 1979 Op. Att'y Gen. No. 79-18.
Compensation. — The salaries of the judges of constitutionally established courts are not subject to the constitutional prohibition against an increase in compensation during the term for which they were elected. 1979 Op. Att'y Gen. No. 79-27.
Marriage ceremony outside of district. — A magistrate judge cannot perform a marriage ceremony outside of his district. 1988 Op. Att'y Gen. No. 88-36.
Law reviews. — For student symposium, "Constitutional Revision - Judicial Removal and Discipline - The California Commission Plan for New Mexico?" see 9 Nat. Resources J. 446 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 54 et seq.; 46 Am. Jur. 2d Judges § 3.
Pardon as restoring justice to office forfeited by conviction, 58 A.L.R.3d 1191.
Magistrates, criminal jurisdiction of municipal or other local courts, 102 A.L.R. 5th 525.
21 C.J.S. Courts § 12 et seq.; 48A C.J.S. Judges §§ 4, 14, 15, 18, 76 to 79.