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28 | + | HOUSE BILL 244 | |
29 | + | 57 | |
30 | + | TH LEGISLATURE | |
31 | + | - | |
32 | + | ||
33 | + | STATE | |
34 | + | ||
35 | + | OF | |
36 | + | ||
37 | + | NEW | |
38 | + | ||
39 | + | MEXICO | |
40 | + | ||
41 | + | - | |
42 | + | FIRST SESSION | |
43 | + | , | |
44 | + | ||
45 | + | 2025 | |
46 | + | INTRODUCED BY | |
47 | + | Charlotte Little and Andrea Reeb and Mark Duncan and | |
48 | + | D. Wonda Johnson | |
28 | 49 | AN ACT | |
29 | 50 | RELATING TO MAGISTRATE COURT; PROVIDING FOR A MINIMUM AGE OF | |
30 | 51 | TWENTY-EIGHT FOR MAGISTRATE JUDGES. | |
31 | 52 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | |
32 | 53 | SECTION 1. Section 35-2-1 NMSA 1978 (being Laws 1968, | |
33 | 54 | Chapter 62, Section 41, as amended) is amended to read: | |
34 | 55 | "35-2-1. QUALIFICATION--PERSONAL QUALIFICATIONS.-- | |
35 | 56 | A. Each magistrate shall not be less than twenty- | |
36 | 57 | eight years of age at the time of the election and shall be a | |
37 | 58 | qualified elector of, and reside in, the magistrate district | |
38 | 59 | for which the magistrate is elected or appointed. | |
39 | 60 | B. No person is eligible for election or | |
40 | 61 | appointment to the office of magistrate unless the person has | |
41 | - | graduated from high school or has attained the equivalent of | |
42 | - | a high school education as indicated by possession of a high | |
43 | - | school equivalency credential issued by the public education | |
44 | - | department based upon the record made on the high school | |
45 | - | equivalency credential test. | |
46 | - | C. In magistrate districts with a population of | |
47 | - | more than two hundred thousand persons in the last federal | |
48 | - | decennial census, no person is eligible for election to the | |
49 | - | office of magistrate unless the person: | |
50 | - | (1) is a member of the bar of this state and | |
51 | - | licensed to practice law in this state; or HB 244 | |
52 | - | Page 2 | |
62 | + | graduated from high school or has attained the equivalent of a | |
63 | + | high school education as indicated by possession of a high | |
64 | + | .229052.1SA underscored material = new | |
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91 | + | school equivalency credential issued by the public education | |
92 | + | department based upon the record made on the high school | |
93 | + | equivalency credential test. | |
94 | + | C. In magistrate districts with a population of | |
95 | + | more than two hundred thousand persons in the last federal | |
96 | + | decennial census, no person is eligible for election to the | |
97 | + | office of magistrate unless the person: | |
98 | + | (1) is a member of the bar of this state and | |
99 | + | licensed to practice law in this state; or | |
78 | 100 | (2) holds the office of magistrate in that | |
79 | 101 | district when the federal decennial census is published, as | |
80 | 102 | long as there is no break in service. | |
81 | 103 | D. In magistrate districts with a population of | |
82 | 104 | more than two hundred thousand persons in the last federal | |
83 | - | decennial census, no person is eligible for appointment to | |
84 | - | ||
85 | - | ||
105 | + | decennial census, no person is eligible for appointment to the | |
106 | + | office of magistrate unless the person is a member of the bar | |
107 | + | of this state and licensed to practice law in this state. | |
86 | 108 | E. A person holding the office of magistrate shall | |
87 | 109 | not engage in the private practice of law during tenure in | |
88 | 110 | office." | |
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112 | + | .229052.1SA |