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Fifth Judicial District

Fifth Judicial District
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Supreme Court

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.


Court of Appeals

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.


District Court

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.


Magistrate Court

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.


Bernalillo County Metropolitan Court

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.


Municipal Court

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.


Probate Court

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).

Fifth Judicial District / About this Court District / Courtroom Rules & Conduct

Courtroom Rules & Conduct

The entrances to the 5th Judicial District courthouses are monitored by security officers. Everyone entering the courthouse is subject to the security screening process. Anyone returning to the facility after leaving is required to go through the security screening process again. The following items shall not be brought into the building: firearms, knives (including small pocket knives), scissors or anything with a cutting edge, no tools, any type of spray, no drugs or drug paraphernalia, or any other item identified as a weapon by the security personnel.

Security officers will not store items for individuals or accept them as discarded property.

Litigants should arrive early for court proceedings to allow time for security measures.

No photographic or audio-visual equipment of any type including cameras, video or audio recorders or players are allowed without prior court approval.

No person other than members of the judiciary, attorneys, peace officers, and Court staff shall be allowed to carry a cell phone into the courtroom.

All cell phones must be turned off before entering a courtroom.

Any cell phone that rings or makes any audible sounds in a courtroom may be confiscated and held by security, a bailiff or any member of a District Judge’s staff. The cell phone will be returned upon payment of $25.00 to the District Court Clerk. A district Judge may impose additional sanctions for repeated offenses by the same person, including, but not limited to, increasingly severe monetary penalties.

Disruptive behavior will not be tolerated. Security staff may remove offenders from the building and judges may hold violators in contempt of court.

Courtrooms
People are to dress appropriately in Court. Men shall wear long pants and a shirt. The shirt shall be tucked in to enter the courtroom. Women shall wear clothing that is equivalent to the standard for men, which shall consist of a dress, blouse, long pants, Capri pants below the knee, or skirt to enter the courtrooms. Men and women shall wear proper footwear. House shoes and shower shoes are not permitted. Sandals are permitted. Flip flops are not allowed in the courtrooms. No person shall wear shorts, tank tops, halter tops, muscle shirts, sweat pants, or anything exposing the midriffs or underwear. No person shall wear clothing that displays gang symbols. Hats, ball caps and sunglasses shall be removed upon entry into the Courthouse.

Clerk Office Area
Persons entering the District Court Clerk’s Office lobby solely for the purpose of appearing at the clerk’s window, making payments, or submitting documents to the Court, etc. may enter the lobby area without being required to meet the above courtroom dress code requirements. Under no circumstances will these persons be allowed in the courtrooms if they do not meet the guidelines for the courtroom dress code as outlined.

No pets (exception: dogs assisting vision or medically impaired individuals).

Individuals are not permitted to enter the courtroom with food or drink.

Parties should refrain from chewing gum while their case is being litigated.

Use of tobacco and E-Cigarette products are prohibited inside the Courthouse.

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The judicial branch of New Mexico consists of the Supreme Court, Court of Appeals, 34 districts courts and 46 magistrate courts in 13 judicial districts, the Bernalillo County Metropolitan Court, 33 county probate courts, and 78 municipal courts serving the people of the state.

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