A. Each magistrate shall be a qualified elector of, and reside in, the magistrate district for which the magistrate is elected or appointed.
B. No person is eligible for election or appointment to the office of magistrate unless the person has graduated from high school or has attained the equivalent of a high school education as indicated by possession of a high school equivalency credential issued by the public education department based upon the record made on the high school equivalency credential test.
C. In magistrate districts with a population of more than two hundred thousand persons in the last federal decennial census, no person is eligible for election to the office of magistrate unless the person:
(1) is a member of the bar of this state and licensed to practice law in this state; or
(2) holds the office of magistrate in that district when the federal decennial census is published, as long as there is no break in service.
D. In magistrate districts with a population of more than two hundred thousand persons in the last federal decennial census, no person is eligible for appointment to the office of magistrate unless the person is a member of the bar of this state and licensed to practice law in this state.
E. A person holding the office of magistrate shall not engage in the private practice of law during tenure in office.
History: 1953 Comp., § 36-2-1, enacted by Laws 1968, ch. 62, § 41; 1979, ch. 7, § 1; 2013, ch. 26, § 1; 2015, ch. 122, § 19.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-2-1, 1953 Comp., relating to the declaration of justices of the peace, effective January 1, 1969.
The 2015 amendment, effective July 1, 2015, replaced "certificate of equivalency" and "general education development" with "high school equivalency credential" in the provision relating to qualifications for a magistrate; and in Subsection B, after "possession of a", deleted "certificate of" and added "high school", after "equivalency", added "credential", and after "upon the record made on the", deleted "general education development" and added "high school equivalency credential".
The 2013 amendment, effective July 1, 2013, permitted magistrates in districts with a population of more than two hundred thousand persons to be elected if there is no break in service; provided that only members of the bar who are licensed to practice law in New Mexico may be appointed magistrate in districts with a population of more than two hundred thousand persons; prohibited magistrates from engaging in the private practice of law; in Subsection C, in the first sentence, after "eligible for election", deleted "or appointment"; in Paragraph (1) of Subsection C, after "practice of law in this state", deleted "but he shall not engage in the private practice of law during his tenure in office" and added "or"; added Paragraph (2) of Subsection C; and added Subsections D and E.
Constitutionality where high school education equivalency required. — The requirement that magistrates have the equivalent of a high school education does not violate N.M. Const., art. VII, § 2, because N.M. Const., art. VI, § 26, gives the legislature the power to prescribe qualifications for magistrate court judges. 1969 Op. Att'y Gen. No. 69-08.
Constitutionality of lawyer requirement. — The requirement that magistrates in magistrate districts having a population of 100,000 (now 200,000) persons or more be lawyers is a reasonable legislative classification and does not violate N.M. Const., art. II, § 18, or N.M. Const., art. IV, § 24. 1969 Op. Att'y Gen. No. 69-08.
Law reviews. — For article, "Disorder in the People's Court: Rethinking the Role of Non-Lawyer Judges in Limited Jurisdiction Court", see 29 N.M.L. Rev. 119 (1999).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 7 et seq.
51 C.J.S. Justices of the Peace §§ 5 to 7.