When a justice of the supreme court shall be interested in any case, or be absent, or incapacitated, the remaining justices of the court may, in their discretion, call in any district judge of the state to act as a justice of the court.

ANNOTATIONS

Cross references. — For disqualification of justice, judge or magistrate to sit in certain causes, except with consent of parties thereto, see N.M. Const., art. VI, § 18.

For authority of chief justice to designate judge of the court of appeals to act as supreme court justice, see N.M. Const., art. VI, § 28.

For disqualification of judge in proceedings where his impartiality might be questioned, see Rule 21-211 NMRA.

Comparable provisions. — Idaho Const., art. V, § 6.

Montana Const., art. VII, § 3.

Utah Const., art. VIII, § 2.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 86 et seq., 248 et seq.

Constitutionality of statute making mere filing of affidavit of bias or prejudice sufficient to disqualify judge, 5 A.L.R. 1275, 46 A.L.R. 1179.

Residence or ownership of property in city or other political subdivision which is party to or interested in action as disqualifying judge, 33 A.L.R. 1322.

Number of changes of judges, statute limiting, 104 A.L.R. 1494.

Criminal case, substitution of judge in, 114 A.L.R. 1214.

Constitutionality of statute which disqualifies judge upon peremptory challenge, 115 A.L.R. 855.

Party's right, in course of litigation, to challenge title or authority of substitute judge, 144 A.L.R. 1214.

Relationship of judge to one who is party in an official or representative capacity as disqualification, 10 A.L.R.2d 1307.

Mandamus as remedy to compel assertedly disqualified judge to recuse himself or to certify his disqualification, 45 A.L.R.2d 937, 56 A.L.R. Fed. 494.

Relationship to attorney as disqualifying judge, 50 A.L.R.2d 143.

Disqualification of judge in proceedings to punish contempt against or involving himself or court of which he is a member, 64 A.L.R.2d 600, 37 A.L.R.4th 1004.

Prior representation or activity as attorney or counsel as disqualifying judge, 72 A.L.R.2d 443, 16 A.L.R.4th 550.

Time for asserting disqualification, 73 A.L.R.2d 1238.

Propriety and permissibility of judge engaging in practice of law, 89 A.L.R.2d 886.

Intervenor's right to disqualify judge, 92 A.L.R.2d 1110.

Disqualification of judge for having decided different case against litigant, 21 A.L.R.3d 1369.

Disqualification of judge on ground of being a witness in the case, 22 A.L.R.3d 1198.

Disqualification of judge for bias against counsel for litigant, 23 A.L.R.3d 1416.

Disqualification of judge because of his or another's holding or owning stock in corporation involved in litigation, 25 A.L.R.3d 1331.

Disqualification of judge by state in criminal case for bias or prejudice, 68 A.L.R.3d 509.

Affidavit or motion for disqualification of judge as contempt, 70 A.L.R.3d 797.

Fine, penalty or forfeiture imposed upon defendant, disqualification of judge or one acting in judicial capacity by pecuniary interest in, 72 A.L.R.3d 375.

Membership in fraternal or social club or order affected by a case as ground for disqualification of judge, 75 A.L.R.3d 1021.

Illness or incapacity of judge, prosecuting officer or prosecution witness as justifying delay in bringing accused speedily to trial in state cases, 78 A.L.R.3d 297.

Disqualification of judge for bias against counsel for litigant, 54 A.L.R.5th 575.

Power of successor or substituted judge, in civil case, to render decision or enter judgment on testimony heard by predecessor, 84 A.L.R.5th 399.

Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case, 85 A.L.R.5th 471.

48A C.J.S. Judges §§ 98 to 185.