The Constitution of the State of New Mexico provides for the qualifications and selection of district judges. To hold the office of district judge a person must be at least thirty-five years old and been in the actual practice of law at least six years preceding assumption of office. A district judge is initially appointed by the Governor of the State of New Mexico. The judge must stand for one partisan election. After that, each judge shall be subject to retention or rejection on a nonpartisan ballot. Retention of the judicial office shall require at least 57 percent of the vote cast on the question of retention or rejection. Each district judge shall be subject to retention or rejection at the general election every sixth year. Every judicial district has a chief judge selected by the judges of that district for a term of three years.

Jurisdiction

THE DISTRICT COURT is a court of general jurisdiction charged with the responsibility of adjudicating all felony offenses, all domestic relations matters, civil litigation, such as personal and property damage suits, probate matters, property actions, mental illness hearings, processing of all juveniles referred to the court, and other actions where citizens may seek judicial relief. The district court has supervisory control and appellate jurisdiction over inferior courts and tribunals.

Judges in the Fifth Judicial District serve in all three counties.

The district court is a court of record. All records are permanent.

Funding

The New Mexico Judicial System made up of the Supreme Court, Court of Appeals, Administrative Office of the Courts, District Courts, Metropolitan Court and Magistrate Courts is funded by the State of New Mexico. By law, facilities are provided to the district courts by the counties.

The New Mexico Judicial System is a bargain. The entire judicial system budget accounts for only 2.25% of the total state budget.

District Court Clerk's Office

The District Court Clerks in the Fifth Judicial District are responsible for a wide range of administrative and clerical duties within the district court. The clerk's office is responsible for filing, processing and retaining all cases filed in each county in the Fifth Judicial District. The prompt and orderly dispatch of the business of the district court is dependent upon the efficient operation of the clerk's office.

Jury Service

Citizens are often called upon to serve as jurors. Jurors perform a vital role in the American system of justice. Jury service is a high duty of citizenship. To qualify for jury service, one must be at least 18 years of age and a United States citizen.

Voter and drivers license information is maintained on a central computer data base at the General Services Department in Santa Fe. Upon order of the court, names are selected by computer from the voter information data base. The computer is programmed so that names are selected at random so no discrimination may be exercised. Summons and juror questionnaire forms are mailed to prospective jurors. The juror questionnaire forms are to be filled out and returned. The information contained on these questionnaires is essential to jury qualification and saves time when trial jury panels are selected.

Jurors may be excused from service for reason of hardship, inconvenience or public necessity. No one is excluded from service because of race, color, religion, sex, national origin, economic status or occupation.

If summoned to serve as a juror, we urge that you serve. Examine your civic conscience before you "ask off" jury duty. Besides, you might enjoy it. Most jurors tell us they do.

Teen Court

Teen Court programs are operating in all three counties.

The program objective is to benefit youth and the community by providing an alternative method of adjudicating minor juvenile offenses. This gives youth the opportunity to participate in and become knowledgeable of the justice system and to take responsibility for their actions. The program is a volunteer program and is monitored by court approved coordinators and Teen Court Advisory Boards.

For information call:

Mark Anderson, Coordinator - 200 W. First, Suite 436 - Roswell, NM - 505-622-0811 

Teen Court of Lea County - Hobbs, NM - 505-393-7743

James C. Koch - Chief of Police - Carlsbad, NM - 505-887-0471

Jon R. Tully - City Administrator - Carlsbad, NM - 505-887-1191

PACT (Parenting Classes)

PACT is a parenting workshop for separating parents. All parents involved in a domestic relations case must attend unless a comprehensive written parenting plan is filed. A $15.00 fee is charged unless waived.

Presenters of the PACT Program include the district court judges and trained counselors. All presenters have extensive education and experience with children and families.

Court Facilities

By law, the district court for each county is headquartered at the county seat. The county is responsible for the furnishing of adequate facilities for the district court for their county.

The Fifth Judicial District appreciates the cooperation of the county commissioners and county officials in each county for their support of the district court.

Court Services

Mediation Services In Domestic Relations Cases

A mediation program has been established in the Fifth Judicial District pursuant to law. The program provides for the resolution of disputes in domestic relations cases by the use of mediators. The program is of great assistance to the court, parents and other interested parties in determining the best interest of children and parties involved in domestic relations cases. Mediators are trained, qualified persons appointed by the court.

Court Appointed Special Advocates (CASA)

This is a program by which a group of professional, committed volunteers, appointed by the court and under the supervision of directors and other C.A.S.A. personnel, monitor abused and neglected children, children in need of supervision, delinquent children, and child custody.

C.A.S.A. is a national organization. It has been recognized by the U.S. Department of Justice as a model juvenile delinquency prevention program.

To volunteer or for information on the C.A.S.A. program call:

Carrie Leigh Cloutier - Director - Chaves County - 505-625-0112

Libby Johnston - Director - Eddy County - 505-887-5966

Law Libraries

The district court of Lea County maintains a law library for the use of the attorneys and the judges. Persons desiring to use the library should check with the clerks office regarding rules for the use of the library.

Data Processing

The Fifth Judicial District maintains up-to-date processing systems to provide statistical, case management, indexes, and all information relating to the status of cases. State-wide information is available on the New Mexico Judiciary Internet website. http://www.nmcourts.com

Administration and Accounting

The district court is a state agency. The court administrator, under the supervision of the chief judge, is responsible for the maintaining and administering of the budget, financial records, case management and supervision of the clerk's offices.

All court clerks in the district maintain a trust fund which represents payments held in trust by the court for monies which are tendered into the court registry pending the outcome of the case. The court clerks are also responsible for the collection of and accounting for filing fees and other fees required by law.

Case Types

Upon filing in the clerk's office, cases, unless otherwise set by court rule, are randomly assigned to a district judge. The judge hears all matters pertaining to the case through final judgement. If a judge is excused from a case, the case is randomly assigned to another judge.

A general description of the cases filed and processed are as follows:

Criminal:

Cases are filed and processed from the date of: Indictment by a Grand Jury, an Information, a Fugitive Complaint, or a Magistrate Appeal, through to the disposition of the case or appeal to the higher courts. Processing includes the preparation of the court files, the filing and docketing of all pleadings and scheduling of hearings. Any bail bonds posted for defendants, such as cash, surety (bonding companies) or property, must meet the required specifications as set by Supreme Court and local rules. Criminal court files are public records, with the exception of pre-sentence reports and psychiatric and medical reports which are sealed and confidential.

Domestic Relations:

The clerk's office files, maintains and processes all cases relating to "family matters" Included are: Divorces, Legal Separations, Annulments, Child Custody, Paternity, Child Support, Domestic Violence, etc.

Children's Court:

Filing and processing of all cases that come under the Children's Code. The district court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person under the age of 18 years is alleged to be:

(1) A delinquent child

(2) a child of a family in need of services

(3) a neglected child

(4) an abused child

(5) a child subject to adoption

(6) a child subject to placement for a developmental disability or a mental disorder.

All social records including evaluations, social reports, medical reports, etc., in delinquency proceedings are confidential and shall not be disclosed to the public. All other case files and records maintained by the clerk from (2) to (6) are confidential and shall not be disclosed to the public.

Each district court designates one or more district judges to sit as judge of the children's court.

Civil:

The clerk's office files, processes and maintains all files pertaining to civil matters. These include personal injury, property damage, foreclosure, condemnation, debt, appeals from lower courts (municipal court, magistrate court) probate, water adjudications, adoption, mental illness and miscellaneous cases.

Adoption, mental illness, and some probate matters are sequestered records. (not open to the public)