New Mexico Statutes
N.M. Stat. § 34-8A-5 (2026)
Metropolitan court; jury trial.
✓ current as of May 2026
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A. With respect to civil actions, except for contempt of the metropolitan court, the
right to trial by jury exists in all actions in the metropolitan court which are within
metropolitan court jurisdiction. Either party to an action may demand trial by jury. The
demand shall be made in the complaint if made by the plaintiff and in the answer if
made by the defendant, and the metropolitan clerk shall collect from the demanding
party the jury fee established by law for magistrate juries. If demand is not made
pursuant to this subsection, or if the jury fee is not paid at the time demand is made, trial
by jury is deemed waived.
B. With respect to criminal actions:
(1) if the penalty does not exceed ninety days' imprisonment or if the penalty
is a fine or forfeiture of a license, the action shall be tried by the judge without a jury;
(2) if the penalty exceeds ninety days' but does not exceed six months'
imprisonment, either party to the action may demand a trial by jury. The demand shall
be made orally or in writing to the court at or before the time of entering a plea or in
writing to the court within ten days after the time of entering a plea. If demand is not
made pursuant to this subsection, trial by jury is deemed waived; or
(3) if the penalty exceeds six months' imprisonment, the case shall be tried by
jury unless the defendant waives a jury trial with the approval of the court and the
consent of the state.
C. Juries in the metropolitan court shall hear the evidence in the action which shall
be delivered in public in its presence. After hearing the evidence and being duly
charged by the judge, the members of the jury shall be kept together until:
(1) in civil actions, five members shall agree upon a verdict;
(2) in criminal actions, the members unanimously agree upon a verdict; or
(3) the members are discharged by the judge.
The judge shall give judgment upon any verdict.
D. A jury in the metropolitan court consists of six jurors with the same qualifications
as jurors in the district court.
E. The presiding judge of the metropolitan court shall direct the clerk of the district
court to draw and assign to that court the number of qualified jurors the judge deems
necessary for one or more jury panels. Upon the receipt of the direction and in the
manner prescribed for the selection of district court jurors, the clerk of the district court
shall draw at random from the master jury wheel the number of qualified jurors
specified. The names of jurors drawn for metropolitan jury service shall be forwarded to
the metropolitan court clerk who shall maintain a record of the names and addresses of
the prospective jurors.
F. Whenever a jury is required, the presiding judge of the metropolitan court shall
order the sheriff or a responsible person to summon the persons named on the jury list
to appear at the time and place set for trial of the action. If a jury is left incomplete
because of failure of jurors to appear, excused absences or disqualification of jurors, a
metropolitan judge shall direct the sheriff to summon others to complete the jury.
G. No person may be required to remain as a member of a metropolitan court jury
panel for longer than six months following qualification as a juror in any year unless the
panel is engaged in a trial.
History: Laws 1979, ch. 346, § 5; 1981, ch. 304, § 3.
ANNOTATIONS
Cross references. — For right to jury trial, see N.M. Const., art. II, § 12.
For jury and witness fee fund, see 34-9-11 NMSA 1978.
Constitutionality. — Because of the legislature's requirement that magistrate judges in
metropolitan court be attorneys and magistrates elsewhere throughout the state do not
have to meet that qualification, the disallowance of juries in metropolitan court for petty
criminal offenses is not arbitrary, unreasonable nor unrelated to a legitimate legislative
purpose. Meyer v. Jones, 1988-NMSC-011, 106 N.M. 708, 749 P.2d 93.
"The penalty" in Subsection B refers to potential aggregate penalty of all offenses
being tried at a single time. Vallejos v. Barnhart, 1985-NMSC-026, 102 N.M. 438, 697
P.2d 121.Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1985–2025 · leading case: Vallejos v. Barnhart, 697 P.2d 121 (N.M. 1985).
Vallejos v. Barnhart, 697 P.2d 121 (N.M. 1985). “Defendants claim on appeal that they are entitled to jury trials under the Sixth Amendment of the United States Constitution and under NMSA 1978, Subsection 34-8A-5(B) (Repl.Pamp. 1981). It is their position that any interpretation of Subsection 34-8A-5(B) which denies them a…”
State v. Sanchez, 786 P.2d 42 (N.M. 1990). “2d at 124 (interpreting NMSA 1978, § 34-8A-5(B) (Repl.Pamp. 1981)).”
Meyer v. Jones, 106 N.W. 708 (N.M. 1988). “2d 121, 122 (1985), we entertained an appeal which claimed, inter alia, Section 34-8A-5(B) violated the defendants’ right to equal protection because the statute denied the defendants the right to a trial by jury in the Metropolitan Court of Bernalillo County when defendants…”
State v. Benjamin C., 781 P.2d 795 (N.M. Ct. App. 1989). “Vallejos considered the statute providing for jury trials in metropolitan court, NMSA 1978, Section 34-8A-5(B) (Repl.Pamp.1981). The statute grants rights to a jury trial depending on the maximum penalty for the offense.”
State v. Dixon (N.M. Ct. App. 2019). “{7} On appeal, Defendant argues that even though Section 34-8A-5(A) states, “If demand is not made pursuant to this subsection, .”
Butler v. Motiva Performance Eng'g, LLC (N.M. 2025). “16 NMSA 1978, § 34-8A-5(B)(3) (1981) (entitling a criminal defendant in metropolitan 17 court to a jury trial if the penalty exceeds six months’ imprisonment).”
State v. Marchiondo (N.M. Ct. App. 2011). “NMSA 1978, § 34-8A-5(B)(2) (1981) (providing that, if a jury 7 demand is not made, a jury trial is deemed waived).”
— N.M. Stat. § 34-8A-5(A) — 1 case
State v. Dixon (N.M. Ct. App. 2019). “{7} On appeal, Defendant argues that even though Section 34-8A-5(A) states, “If demand is not made pursuant to this subsection, .”
— N.M. Stat. § 34-8A-5(B) — 4 cases
Vallejos v. Barnhart, 697 P.2d 121 (N.M. 1985). “Defendants claim on appeal that they are entitled to jury trials under the Sixth Amendment of the United States Constitution and under NMSA 1978, Subsection 34-8A-5(B) (Repl.Pamp. 1981). It is their position that any interpretation of Subsection 34-8A-5(B) which denies them a…”
State v. Sanchez, 786 P.2d 42 (N.M. 1990). “2d at 124 (interpreting NMSA 1978, § 34-8A-5(B) (Repl.Pamp. 1981)).”
State v. Benjamin C., 781 P.2d 795 (N.M. Ct. App. 1989). “Vallejos considered the statute providing for jury trials in metropolitan court, NMSA 1978, Section 34-8A-5(B) (Repl.Pamp.1981). The statute grants rights to a jury trial depending on the maximum penalty for the offense.”
Meyer v. Jones, 106 N.W. 708 (N.M. 1988). “2d 121, 122 (1985), we entertained an appeal which claimed, inter alia, Section 34-8A-5(B) violated the defendants’ right to equal protection because the statute denied the defendants the right to a trial by jury in the Metropolitan Court of Bernalillo County when defendants…”
— N.M. Stat. § 34-8A-5(B)(1) — 1 case
Vallejos v. Barnhart, 697 P.2d 121 (N.M. 1985). “Defendants claim on appeal that they are entitled to jury trials under the Sixth Amendment of the United States Constitution and under NMSA 1978, Subsection 34-8A-5(B) (Repl.Pamp. 1981). It is their position that any interpretation of Subsection 34-8A-5(B) which denies them a…”
— N.M. Stat. § 34-8A-5(B)(2) — 3 cases
Vallejos v. Barnhart, 697 P.2d 121 (N.M. 1985). “Defendants claim on appeal that they are entitled to jury trials under the Sixth Amendment of the United States Constitution and under NMSA 1978, Subsection 34-8A-5(B) (Repl.Pamp. 1981). It is their position that any interpretation of Subsection 34-8A-5(B) which denies them a…”
Meyer v. Jones, 106 N.W. 708 (N.M. 1988). “2d 121, 122 (1985), we entertained an appeal which claimed, inter alia, Section 34-8A-5(B) violated the defendants’ right to equal protection because the statute denied the defendants the right to a trial by jury in the Metropolitan Court of Bernalillo County when defendants…”
State v. Marchiondo (N.M. Ct. App. 2011). “NMSA 1978, § 34-8A-5(B)(2) (1981) (providing that, if a jury 7 demand is not made, a jury trial is deemed waived).”
— N.M. Stat. § 34-8A-5(B)(3) — 2 cases
Vallejos v. Barnhart, 697 P.2d 121 (N.M. 1985). “Defendants claim on appeal that they are entitled to jury trials under the Sixth Amendment of the United States Constitution and under NMSA 1978, Subsection 34-8A-5(B) (Repl.Pamp. 1981). It is their position that any interpretation of Subsection 34-8A-5(B) which denies them a…”
Butler v. Motiva Performance Eng'g, LLC (N.M. 2025). “16 NMSA 1978, § 34-8A-5(B)(3) (1981) (entitling a criminal defendant in metropolitan 17 court to a jury trial if the penalty exceeds six months’ imprisonment).”
— N.M. Stat. § 34-8A-5(B)(l) — 2 cases
Meyer v. Jones, 106 N.W. 708 (N.M. 1988). “2d 121, 122 (1985), we entertained an appeal which claimed, inter alia, Section 34-8A-5(B) violated the defendants’ right to equal protection because the statute denied the defendants the right to a trial by jury in the Metropolitan Court of Bernalillo County when defendants…”
Vallejos v. Barnhart, 697 P.2d 121 (N.M. 1985). “Defendants claim on appeal that they are entitled to jury trials under the Sixth Amendment of the United States Constitution and under NMSA 1978, Subsection 34-8A-5(B) (Repl.Pamp. 1981). It is their position that any interpretation of Subsection 34-8A-5(B) which denies them a…”
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