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).
Once a child support order or custody/visitation order has been entered by a New Mexico court, modifications (or changes) can be requested.
If a modification of child support is requested (whether an increase or a decrease), then the Child Support Guidelines are usually followed. Modification of child support amounts may be possible if there are material and substantial changes in circumstances. If the new calculation of support will go up or down more than 20% of the current support payment (i.e. current support is $240 and the new calculation is $150) and more than a year going by since the previous order for support is a type of “material and substantial change.” The Child Support Worksheet must be completed to modify a child support order.
New Mexico law assumes that “joint custody” is best for children. Joint custody means that both parents make legal decisions (i.e. school, doctor, dentist, activities in which the child participates), spend time with the children and are involved with them. Joint custody DOES NOT necessarily mean equal time, where the children spend half their time with one parent and half their time with the other. Equal time-sharing is possible in joint custody, but other arrangements are possible as well. The judge may not order 50-50 custody unless a counselor or a psychologist recommends such an arrangement.
Parents whose current child custody or visitation arrangement no longer works for them may need to request a modification. The Court has continuing power to modify custody orders at any point in time. There are two ways in which this can happen. The parents can both consent to modification at any time. If the parents agree, a motion and proposed order could be filed and will be reviewed by the Court before a final order is issued. If the parties do not agree, a motion could be filed and the Court may review the matter. The parties may also opt for mediation services through the Court Clinic.