In judicial districts having more than one district judge:

A. the separate judicial positions shall be designated by divisions numbered consecutively from one through the total number of judges authorized for the district. Any additional judge authorized within a judicial district shall be designated as judge of the next consecutive division. In all appointments, nominations and elections of district judges, the particular judicial offices shall be identified by the division number;

B. there shall be no separation of the work of the district court clerk's office except for identification of each district judge by division. All judges of a judicial district have equal judicial authority, rank and precedence; and

C. unless otherwise designated by rule of the district court, the judge of division one shall be the presiding judge of the district.

History: 1953 Comp., § 16-3-5, enacted by Laws 1968, ch. 69, § 19.

Cross references. — For children's court division, see 32A-1-5 NMSA 1978.

Repeals and reenactments. — Laws 1961, ch. 121, § 4, repealed former 16-3-5, 1953 Comp., relating to judges in the second judicial district, and a new 16-3-5, 1953 Comp., dealing with the same subject matter, was enacted by Laws 1961, ch. 121, § 1. Laws 1968, ch. 69, § 69, repealed 16-3-5, 1953 Comp.

Void sentence may be vacated by judge of another division of the same district; it is the same court that acts in each instance. State v. Peters, 1961-NMSC-160, 69 N.M. 302, 366 P.2d 148, cert. denied, 369 U.S. 831, 82 S. Ct. 849, 7 L. Ed. 2d 796 (1962).

Restrictions on second judge. — The only restraint upon a second judge in passing upon an interlocutory issue decided by another judge in the same case is one of comity only, which in no way infringes upon the power of the second judge to act. Miller v. City of Albuquerque, 1975-NMCA-099, 88 N.M. 324, 540 P.2d 254, cert. denied, 88 N.M. 319, 540 P.2d 248.

Judge may impose sanctions for violations of subsequent orders. — One judge's prior oral interlocutory order staying discovery depositions pending decision on a motion to dismiss did not divest another judge of the same court of authority to enter a subsequent interlocutory order concerning depositions in the same case; and having authority as a judge of the district court to enter the orders concerning depositions, the second judge thus had authority to enter orders imposing sanctions when his discovery orders were violated. Miller v. City of Albuquerque, 1975-NMCA-099, 88 N.M. 324, 540 P.2d 254, cert. denied, 88 N.M. 319, 540 P.2d 248.

Terms of additional judge begin and end with other judges. — In order to preserve the uniformity written into the constitution in respect to the terms of district judges and district attorneys, such terms will begin and end at the same time, including the terms of additional judges appointed by the governor. 1974 Op. Att'y Gen. No. 74-09; 1974 Op. Att'y Gen. No. 74-31.

Terms of judgeship. — The term of office of an individual elected to a judgeship is to end on the same date as all other district judgeships. 1974 Op. Att'y Gen. No. 74-31.

Judge must be reimbursed for expenses of successful defense of civil suit. — A district judge should be reimbursed for expenses incurred in defending a civil suit brought against him for acts committed in his capacity as a district judge if he is successful in defending himself. If, however, he is not successful in defending himself, it follows that he must have acted through malice or other improper motive, or acted completely without jurisdiction; and in that case he should bear the costs of his action himself. 1957 Op. Att'y Gen. No. 57-128.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 C.J.S. Courts §§ 105, 123.