There shall be three magistrates in Eddy magistrate district, divisions 1 and 2 in Carlsbad operating as a single court and division 3 in Artesia.

History: 1953 Comp., § 36-1-11, enacted by Laws 1968, ch. 62, § 13; 1981, ch. 266, § 5; 1985, ch. 145, § 4.

Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-1-11, 1953 Comp., relating to cooperation between the conference of justices and state agencies, effective January 1, 1969.

Compiler's notes. — In Aguilar v. Gonzales, CIV No. 96-0909-MV/JHG, in paragraph 9 of the Consent Order Approving Settlement Agreement, filed on June 9, 1997, as amended by the Consent Order Modifying June 9, 1997 Consent Order Approving Settlement Agreement, filed on July 3, 1997, the United States District Court for the District of New Mexico ordered that, beginning in the 1998 general election, the at-large system of electing the three magistrate court judges in Eddy county will no longer be utilized. The three magistrate court judges shall be elected from three electoral divisions; the qualified, registered electors in each of the three electoral divisions will elect one magistrate court judge. A candidate for magistrate court judge must, at the time of filing for candidacy, reside in the electoral division from which he or she seeks to be elected and, if elected, must maintain residency in that electoral division. In the event a magistrate court judge is appointed to fill a vacancy pursuant to state law, the appointee must be a resident of and maintain residency in the electoral division to which he or she is appointed. Nothing in the order shall be deemed to affect the jurisdiction and powers of the magistrate court judges under current law. Paragraph 10 provides that the New Mexico legislature shall have the opportunity during the regular 1998 session to draw the boundaries of the three electoral divisions for Eddy County magistrate court judges elections; provided that the electoral divisions shall have one minority-majority electoral division with no less than 50.2% Hispanic voting age population. Paragraph 11 provides that if the legislature fails to enact legislation in compliance with paragraphs 9 and 10 or if the governor fails to approve such legislation, the electoral divisions for Eddy county magistrate court judge shall be as follows: electoral division 1: Eddy county voting precincts 9, 10, 11, 12, 13, 14, 15, 16, 31, 32 and 33; electoral division 2: Eddy county voting precincts 1, 4, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 36, 37 and 42; and electoral division 3: Eddy county voting precincts 2, 3, 5, 6, 7, 8, 29, 30, 34, 35, 38, 39, 40, 41, 43 and 44.