There shall be two magistrates in Chaves magistrate district, divisions 1 and 2 operating as a single court in Roswell.

History: 1953 Comp., § 36-1-6, enacted by Laws 1968, ch. 62, § 8; 1982, ch. 101, § 1.

Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-1-6, 1953 Comp., relating to the certificate of qualification and failure to execute oath and bond of justice of the peace, effective January 1, 1969.

Compiler's notes. — In Aguilar v. Gonzales, CIV No. 96-0909-MV/JHG, in paragraph 6 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 two magistrate court judges in Chaves county will no longer be utilized. The two magistrate court judges shall be elected from two electoral divisions; the qualified, registered electors in each of the two 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 7 provides that the New Mexico legislature shall have the opportunity during the regular 1998 session to draw the boundaries of the two electoral divisions for Chavez county magistrate court judge's elections. The electoral divisions shall have one minority-majority electoral division with no less than 46.4% Hispanic voting age population. Paragraph 8 provides that if the legislature fails to enact legislation in compliance with paragraphs 6 and 7 or if the governor fails to approve such legislation, the electoral divisions for Chaves county magistrate court judge shall be as follows: electoral division 1: Chaves county voting precincts 14, 15, 16, 24, 25, 32, 34, 42, 43, 51, 52, 61, 62, 63, 71, 72, 73, 90, 91, 101, 102, 103 and 104; and electoral division 2: Chaves county voting precincts 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 21, 22, 23, 31, 33, 35, 35, 41, 81, 82, 83, 84, 85, 92 and 93.