The Supreme Court consists of five Justices and is located in Santa Fe. This is the court of last resort and has superintending control over all inferior courts and attorneys licensed in the state.
This court has mandatory appellate jurisdiction over: criminal matters in which the sentence imposed is life in prison or the death penalty, appeals from the Public Regulation Commission, appeals from the granting of writs of habeas corpus, appeals in actions challenging nominations, and removal of public officials.
Discretionary jurisdiction: denials of petitions for writ of habeas corpus, petitions for writ of certiorari to the Court of Appeals, other extraordinary writ matters, and certified questions either from the Court of Appeals or federal courts.
Ten judges preside, sitting in panels of three. The Court of Appeals has offices in Santa Fe and Albuquerque.
This court has mandatory jurisdiction in: civil, non-capital criminal, juvenile cases; Discretionary jurisdiction in interlocutory decision cases and administrative agency appeals.
One-hundred-two judges preside. There are thirteen different districts. These are District Courts of general jurisdiction which hold jury trials.
This court will hear these types of cases: Tort, contract, real property rights, and estate. Exclusive domestic relations, mental health, appeals for administrative agencies and lower courts, miscellaneous civil jurisdiction; Misdemeanor. Exclusive criminal appeals jurisdiction; Exclusive juvenile jurisdiction.
Sixty-seven judges preside. There are 46 magistrate courts. These are courts of limited jurisdiction. Jury trials.
This court will hear these types of cases: Tort, contract, landlord/tenant rights ($0-10,000); Felony preliminary hearings; Misdemeanor, DWI/DUI and other traffic violations.
Nineteen judges preside. Bernalillo County Metropolitan Court is of limited jurisdiction. Jury trials.
This court will hear these types of cases: Tort, contract, landlord/tenant rights ($0-10,000); Felony first appearances; Misdemeanor, DWI/DUI, Domestic Violence and other traffic violations.
Eighty-three judges preside. There are eighty-one municipal courts. These are courts of limited jurisdiction. No jury trials.
This court will hear these types of cases: Petty misdemeanors, DWI/DUI, traffic violations and other municipal ordinance violations.
Thirty-three judges. There are thirty-three counties. These are courts of limited jurisdiction. No jury trials.
This court will hear these types of cases: Informal probate; Estate (Hears uncontested cases. Contested cases go to district court).
The New Mexico Supreme Court prescribes rules of practice and procedure for all courts in the state. The Court appoints standing committees and ad hoc committees to make recommendations for drafting and revising rules, which are subject to approval of the Court.
The Court created the Ad Hoc Pretrial Release Committee in 2015 to review pretrial release law and practice, and recommend changes to improve pretrial release procedures. The committee included representation from the prosecution, the criminal defense bar, judges, the bail industry, jails and detention centers, and the Legislature.
After receiving the committee’s proposals and allowing a public comment period, the Court adopted revised rules to govern the pretrial release and detention of criminal defendants. Those rules became effective July 1, 2017. They are to ensure that pretrial release practices conform to requirements of a voter-approved 2016 amendment to the New Mexico Constitution, longstanding federal and state constitutional law, and principles in place since 1972 when pretrial release rules for the state courts were initially promulgated. Like the Federal Bail Reform Act of 1966, the New Mexico rules have always required that a person charged with a crime – who has not been adjudicated guilty – should be released pending trial on the least restrictive conditions necessary to minimize flight risk and assure public safety. The rules also have always instructed judges that money bonds may be imposed only if nonfinancial release conditions are inadequate to ensure a defendant’s return to court. See generally State v. Brown, 2014-NMSC-038, 338 P.3d 1276.
The Court has reactivated the Ad Hoc Pretrial Release Committee to consider comments about the 2017 rules from district attorneys, public defenders, courts and the criminal defense bar. Read those comments. Any recommendations by the committee for rule revisions are subject to the Court’s review and approval.