A. There shall be six magistrate divisions in San Juan magistrate district, each division having its own magistrate. Divisions 1, 4 and 6 shall operate as a single court in Aztec and divisions 2, 3 and 5 shall operate as a single court in Farmington.
B. Magistrate judges shall not be elected at large from the district, but shall be elected by the voters of the division for which the magistrate sits. Magistrate judges may reside anywhere within the magistrate district and shall have district-wide jurisdiction. The composition of the divisions for elections purposes is:
(1) division 1 is composed of San Juan county precincts 41, 48, 55, 57, 58, 60 through 67 and 72;
(2) division 2 is composed of San Juan county precincts 1 through 7, 20, 21, 23, 24 and 50;
(3) division 3 is composed of San Juan county precincts 28, 31, 32, 38 through 40, 42 through 44, 46, 47, 49 and 59;
(4) division 4 is composed of San Juan county precincts 8 through 19, 52, 53, 71 and 77;
(5) division 5 is composed of San Juan county precincts 22, 25 through 27, 29, 30, 33 through 37, 45 and 51; and
(6) division 6 is composed of San Juan county precincts 54, 56, 68 through 70 and 73 through 76.
History: 1953 Comp., § 36-1-27, enacted by Laws 1968, ch. 62, § 29; 1982, ch. 101, § 3; 1999 (1st S.S.), ch. 4, § 3; 2000, ch. 99, § 2; 2001 (1st S.S.), ch. 2, § 1; 2005, ch. 284, § 7; 2007, ch. 140, § 4; 2013, ch. 89, § 1.
ANNOTATIONSCompiler's notes. — In Tsosie v. King, No. CIV 91-0905-M, in paragraph 7 of an order dated January 7, 1993, the United States District Court for the District of New Mexico provides that for magistrate elections in San Juan County after 1992, San Juan County will be divided into three election divisions, with at least one division containing a voting age population that is at least 70% Native American. One magistrate judge shall be elected by the qualified, registered electors in each division, but the magistrate judges will not have to reside in the division from which they are elected. Magistrate judges elected from these election divisions will continue to have county-wide jurisdiction as provided under current law and practice. The order further provides that enactment by the New Mexico Legislature during its 1993 session and approval by the Governor of legislation creating the electoral divisions and otherwise consistent with the provisions of paragraph 7 shall meet the requirements of that paragraph. See 2000 amendment of this section.
By order dated December 23, 1993, the United States District Court for the District of New Mexico provides for final dismissal of Tsosie v. King, No. 91-0905-M. The order further provides in paragraph 2 that since the New Mexico Legislature did not enact legislation during its 1993 session sufficient to meet the requirements of paragraph 7 of the January 7, 1993 Settlement Agreement and Order, the electoral divisions are created as follows: electoral division 1 consists of precincts numbered 29, 30, 41, 42, 46, 56, 60-74, 78-80, 82, and 83; electoral division 2 consists of precincts numbered 1-14, 16-19, 75-77, and 81; and electoral division 3 consists of precincts numbered 15, 20-28, 31, 32, 43-45, 51-55, 57 and 58. See 2000 amendment of this section.
The 2013 amendment, effective June 14, 2013, renumbered precincts to coincide with current precinct numbers; redistricted magistrate divisions; in Subsection B, in Paragraph (1), after "precincts", deleted "41, 46, 47, 60 through 67, 69, and 72" and added "41, 48, 55, 57, 58, 60 through 67 and 72"'; in Paragraph (2), deleted "1 through 4, 8, through 14, 19 and 82" and added "1 through 7, 20, 21, 23, 24 and 50"; in Paragraph (3), deleted 20, 22 through 25, 27, 28, 30, 40, 42 through 44 and 49" and added "28, 31, 32, 38 through 40, 42 through 44, 46, 47, 49 and 59"; in Paragraph (4), deleted "5 through 7, 15, 16, 53, 57, 71, 79, 81 and 83 through 86" and added "8 through 19 , 52, 53, 71 and 77"; in Paragraph (5), deleted "18, 21, 26, 29, 31, 45, 51, 52, and 54" and added "22, 25 through 27, 29, 30, 33 through 37, 45 and 51"; and in Paragraph (6), deleted "55, 56, 58, 59, 68, 70 and 73 through 76" and added "54, 56, 68 through 70 and 73 through 76".
The 2007 amendment, effective July 1, 2007, increased the number of magistrate divisions in the San Juan magistrate district from five to six, requires division 6 to operate in Aztec, and changed the precincts in each division.
Temporary provisions. — Laws 2007, ch. 140, § 6 provided that the office of magistrate in San Juan division 6 shall be filled by appointment by the governor to begin serving on July 1, 2007. The appointed magistrate shall serve until succeeded by a magistrate elected at a general election in 2008. The first full term of office of the elected magistrate shall begin on January 1, 2009.
The 2005 amendment, effective July 1, 2005, in Subsection A, increased the number of magistrate divisions from four to five and provided that division 5 shall be in Farmington; in Subsections B(1) through (5), changed the precincts for division 1 from 47, 59 through 70 and 72 through 76 to 60 through 69 and 72 through 76; for division 2 from 2 through 2, 8 through 14, 18, 28 through 31 and 82 to 2 through 4, 8 through 14, 18, 19 and 82; for division 3 from 20 through 27, 40 through 46, 49, 51, 52 and 54 to 20, 22 through 25, 27, 30, 40 through 44, 46, 47 and 49; for division 4 from 1, 5 through 7, 15, 16, 19, 53, 55 through 58, 71, 79, 81 and 83 through 86 to 1, 5 through 7, 15, 16, 53, 57, 58, 71, 79, 81 and 83 through 86; and for division 5, 21, 26, 28, 29, 31, 45, 51, 52, 54 through 56, 59 and 70.
The 2001 (1st S.S.) amendment, effective October 3, 2001, rewrote Paragraphs B(1) through B(4), redefining the composition of the four magistrate divisions.
The 2000 amendment, effective March 7, 2000, inserted "election division precincts" in the section heading; designated the former provisions of the section as Subsection A; in Subsection A, substituted "magistrate divisions" for "magistrates", inserted "each division having its own magistrate" in the first sentence and substituted "shall operate" for "operating" twice in the second sentence; and added Subsection B.
The 1999 amendment, effective May 21, 1999, substituted "four magistrates" for "three magistrates" and "divisions 1 and 4 operating as a single court" for "division 1".