N.M. Stat. » Chapter 35 — Magistrate and Municipal Courts
New Mexico Statutes

N.M. Stat. § 35-3-8 (2026)

Jurisdiction; recusal

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A. Except by consent of all parties, no magistrate shall sit in any action in which:

(1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin;

(2) he was counsel for either party in that action; or

(3) he has an interest.

B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification.

History: 1953 Comp., § 36-3-8, enacted by Laws 1968, ch. 62, § 53.

ANNOTATIONS

Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-3-8, 1953 Comp., relating to costs and expenses attending change of venue because of disqualification of justice, effective January 1, 1969.

Cross references. — For disqualification for interest on relationship, see N.M. Const., art. VI, § 18.

For recusal of magistrate, see Rule 2-106 NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 43.

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 self 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.

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

51 C.J.S. Justices of the Peace §§ 44, 49.

Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: Los Chavez Cmty. Assn. v. Valencia Cnty., 2012-NMCA-044, 1 N.M. Ct. App. 614.
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Los Chavez Cmty. Assn. v. Valencia Cnty., 2012-NMCA-044, 1 N.M. Ct. App. 614. · cites it 2× “Similarly, the language of Article VI, Section 18 of the New Mexico Constitution is repeated in NMSA 1978, § 35-3-8(A)(1) (1968), and it states that no magistrate shall sit in any action in which “either of the parties is related to him by affinity or consanguinity within the…”
Los Chavez Cmty. v. Valencia Cnty., 277 P.3d 475 (N.M. Ct. App. 2012). · cites it 2× “Similarly, the language of Article VI, Section 18 of the New Mexico Constitution is repeated in NMSA 1978, § 35-3-8(A)(1) (1968), and it states that no magistrate shall sit in any action in which "either of the parties is related to him by affinity or consanguinity within the…”
N.M. Stat. § 35-3-8(A)(1): 2 cases
Los Chavez Cmty. Assn. v. Valencia Cnty., 2012-NMCA-044, 1 N.M. Ct. App. 614. “Similarly, the language of Article VI, Section 18 of the New Mexico Constitution is repeated in NMSA 1978, § 35-3-8(A)(1) (1968), and it states that no magistrate shall sit in any action in which “either of the parties is related to him by affinity or consanguinity within the…”
Los Chavez Cmty. v. Valencia Cnty., 277 P.3d 475 (N.M. Ct. App. 2012). “Similarly, the language of Article VI, Section 18 of the New Mexico Constitution is repeated in NMSA 1978, § 35-3-8(A)(1) (1968), and it states that no magistrate shall sit in any action in which "either of the parties is related to him by affinity or consanguinity within the…”
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