Magistrate administration; conflict of interest.

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No magistrate shall, directly or indirectly:

A. buy or be interested in buying any evidence of indebtedness or cause of action for the purpose of bringing any action before any court;

B. either before or after suit, lend or advance or procure to be lent or advanced any money or other valuable thing to any person in consideration of, or as a reward or inducement for, placing any cause of action for prosecution or collection in any court;

C. operate or be interested in a collection agency;

D. with or without suit, collect, attempt to collect or become interested in collecting any claim where he received any commission, percentage, fee or charge other than those allowed by law;

E. institute or influence any other person to institute any suit in any magistrate court;

F. publish advertising relating to his office;

G. operate or be interested in a bail or appeal bond business; or

H. serve as surety on any bond posted in any court.

History: 1953 Comp., § 36-9-7, enacted by Laws 1968, ch. 62, § 102; 1991, ch. 82, § 12.

ANNOTATIONS

Compiler's notes. — Laws 1968, ch. 62, § 171, repealed former 36-9-7, 1953 Comp., relating to time for appearance and pleading, effective January 1, 1977.

Cross references. — For disqualification of magistrate, see N.M. Const., art. VI, § 18, 35-3-7, 35-3-8 NMSA 1978, Rule 2-106 NMRA and Rule 6-106 NMRA.

The 1991 amendment, effective June 14, 1991, redesignated former Paragraphs (1) to (8) of Subsection A as Subsections A to H; deleted former Subsection B which read "Any magistrate violating any provision of this section is guilty of a petty misdemeanor and shall be removed from office"; and made a related stylistic change.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 C.J.S. Justices of the Peace § 9.


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