N.M. Stat. § 34-6-19 (2026)

The district court shall appoint a district court clerk for each county of the judicial
district. One person may be named as the clerk for more than one county. Deputy clerks
and other personnel, including interpreters, bailiffs and secretaries as required, may be
employed. The duties and place of employment shall be designated by the court.

History: 1953 Comp., § 16-3-6, enacted by Laws 1968, ch. 69, § 20.

                                     ANNOTATIONS
Cross references. — For clerks making records, issuing process and preserving and
affixing seal, see 34-1-6 NMSA 1978.

For appointment of interpreters and translators, see 34-1-7 NMSA 1978.

For interpreter responsibilities, see 23-111 NMRA.

For county clerk performing district court clerk's duties unless otherwise provided, see
N.M. Const., art. VI, § 22.

For clerks' duties in replevin actions, see 42-8-20 NMSA 1978.

Repeals and reenactments. — Laws 1961, ch. 121, § 4, repealed former 16-3-6, 1953
Comp., relating to powers of judges of the second judicial district, and a new 16-3-6,
1953 Comp., dealing with the same subject matter, was enacted by Laws 1961, ch. 121,
§ 2. Laws 1968, ch. 69, § 69, repealed 16-3-6, 1953 Comp.

Clerk de facto. — Where county clerk had presumably authorized another person to
serve as her deputy and such person had been recognized in that capacity for some
two years by the bench and bar and had signed and sealed court records during that
time without objection, she would be deemed to be, at least, a clerk de facto. Heron v.
Gaylor, 1945-NMSC-005, 49 N.M. 62, 157 P.2d 239.

Deputy may certify record in clerk's name. — A certification of a record in the name
of the clerk by the clerk's deputy was sufficient. Territory v. Christman, 1899-NMSC-
009, 9 N.M. 582, 58 P. 343.

Commitment hearing at commitment facility not precluded. — Absent a showing by
a "developmentally disabled" person that his substantive rights would in any way be
abridged if his involuntary commitment hearing is not held at the county seat, the district
court is not precluded from adopting the practice of holding such hearings at the
commitment facility when, in its discretion, such practice would better serve the public
convenience. 1979 Op. Att'y Gen. No. 79-20.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Clerks of Court §§ 2,
39.

Validity, construction, and application of statutes providing for entry of default judgment
by clerk without intervention of court or judge, 158 A.L.R. 1091.

Use of interpreter in court proceedings, 172 A.L.R. 923.

Liability of clerk of court or surety on bond for negligent or wrongful acts of deputies or
assistants, 71 A.L.R.2d 1140.

21 C.J.S. Courts §§ 107 et seq., 236 et seq.
34-6-20. Personnel; official court reporters; secretaries.
    A. Each district judge shall select an official court reporter to record the proceedings
of his court as required. All notes, records and evidence taken by the reporter shall be
deposited with the district court clerk of the county in which the proceeding is docketed.

    B. Each full-time official court reporter of the district court shall receive a salary fixed
by the district court, exclusive of transcript fees, for court reporting, secretarial and other
duties performed for the district court. Official court reporters employed on a part-time
basis by the district court may be paid at a rate fixed by the district court not to exceed
standard rates for such service in the area for all services required of them, exclusive of
transcript fees.

    C. Official court reporters shall, upon request, furnish typewritten transcripts of
testimony and proceedings recorded by them in any cause at a maximum charge of one
dollar sixty-five cents ($1.65) a page for an original with three copies. A page of
transcription consists of not less than twenty-five typewritten lines on a good grade of
paper, eight and one-half inches by thirteen inches in size, prepared for binding at the
top and having margins of not more than one and three-fourths inches at the left and
one-half inch at the right. Type shall be pica size with ten letters to the inch. The
supreme court may provide by rule for decreases in the maximum charge when
transcripts are not furnished within time limits prescribed by the supreme court. In any
matter in which the district court has granted free process to the party requesting a
transcript, payment of the charges shall be made from funds appropriated to the district
court.

History: 1953 Comp., § 16-3-7, enacted by Laws 1968, ch. 69, § 21; 1969, ch. 45, § 1.

                                       ANNOTATIONS

Cross references. — For requirement that clerk record proceedings, see 34-1-6 NMSA
1978.

For appointment of stenographer by master, see Paragraph A of 1-080 NMRA.

For use of transcript as evidence, see Paragraph B of 1-080 NMRA.

For record on appeal, see 12-209 and 12-211 NMRA.

Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-7, 1953
Comp., relating to number of judges and divisions in the fifth judicial district.

Section requires page to be not less than 25 lines, and does not mean it cannot be
more than 25 lines. Four Hills Country Club v. Bernalillo Cnty. Prop. Tax Protest Bd.,
1979-NMCA-141, 94 N.M. 709, 616 P.2d 422, cert. denied, 94 N.M. 675, 615 P.2d 992.
New trial granted where record could not be reconstructed. — Defendant,
convicted of larceny, gave timely notice of appeal. However, due to unexplained
technical difficulties, the court reporter was unable to prepare a transcript of
proceedings in the cause. It was held that fault for the tapes' inaudibility could not be
assessed against defendant and since it was impossible to reconstruct a record of the
proceedings because of defendant's trial counsel's inability to recall the events at trial,
to deny defendant a new trial would be to deny defendant the right of appeal
guaranteed by the New Mexico constitution. State v. Moore, 1975-NMCA-042, 87 N.M.
412, 534 P.2d 1124.

Testimony of stenographer held hearsay. — Testimony of a court stenographer
concerning what a witness said at a former trial was hearsay because the
stenographer's testimony was based on notes taken during the former trial and which
the stenographer used to refresh memory. Kirchner v. Laughlin, 1890-NMSC-002, 5
N.M. 365, 23 P. 175.

Reporter not entitled to additional compensation. — The court reporter is paid a
salary for full-time application to court reporting and such other duties as may be
assigned by the judge, and the court reporter would not be entitled to receive any other
compensation for performing duties in the clerk's office as a deputy clerk. 1964 Op. Att'y
Gen. No. 64-152.

A district court reporter and a juvenile probation officer, full-time employees of the
district court, are not entitled to additional compensation for services undertaken in
magistrate court during regular working hours, aside from per diem and travel expenses
authorized in 34-6-23 NMSA 1978. 1969 Op. Att'y Gen. No. 69-122.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Failure or refusal of state court judge to
have record made of bench conference with counsel in criminal proceeding, 31
A.L.R.5th 704.