A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:

docket fee, criminal actions under Section 29-5-1 NMSA 1978 $ 1.00;

docket fee, to be collected prior to docketing any other criminal action, except as provided in Subsection B of Section 35-6-3 NMSA 1978 20.00. Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund;

docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978 72.00;

jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made 25.00;

copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process 0.50. Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and

copying fee, for computer-generated or electronically transferred copies, per page 1.00. Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court automation fund.

Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.

B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.

C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.

D. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:

(1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code [66-1-1 NMSA 1978] involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:

in a county with a metropolitan court $10.00;

in a county without a metropolitan court 20.00;

(2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment 10.00;

(3) traffic safety fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle 3.00;

(4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment 3.00;

(5) jury and witness fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of imprisonment 5.00;

(6) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle 5.00; and

(7) court facilities fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:

in a county with a metropolitan court 24.00;

in any other county 10.00.

E. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund.

History: 1953 Comp., § 36-8-1, enacted by Laws 1968, ch. 62, § 92; 1977, ch. 164, § 1; 1983, ch. 134, § 2; 1984, ch. 118, § 1; 1986, ch. 16, § 2; 1987, ch. 32, § 1; 1987, ch. 251, § 2; 1988, ch. 121, § 2; 1989, ch. 245, § 2; 1990, ch. 57, § 4; 1991, ch. 82, § 7; 1992, ch. 118, § 17; 1993, ch. 273, § 3; 1996, ch. 41, § 5; 1997, ch. 242, § 3; 1997, ch. 247, § 1; 1998 (1st S.S.), ch. 6, § 3; 2000, ch. 5, § 6; 2001, ch. 277, § 2; 2001, ch. 279, § 2; 2003, ch. 424, § 2; 2009, ch. 245, § 2; 2011, ch. 173, § 2.

Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-8-1, 1953 Comp., relating to exemption laws, filing, content, time, effective January 1, 1969.

Cross references. — For reports of fines, forfeitures and costs, see 35-7-3 NMSA 1978.

For remittances of fines, forfeitures and costs collected, see 35-7-4 NMSA 1978.

For penalty for demanding illegal fees, see 30-23-1 NMSA 1978.

For crime laboratory fee, see 31-12-7 NMSA 1978.

For crime laboratory fund, see 31-12-9 NMSA 1978.

For domestic violence offender treatment fund, see 31-12-12 NMSA 1978.

For metropolitan court judges, see 34-8A-4 NMSA 1978.

For court automation fund, see 34-9-10 NMSA 1978.

For civil legal services fund, see 34-14-1 NMSA 1978.

For jury and witness fee fund, see 34-9-11 NMSA 1978.

For judicial education fund, see 34-13-1 NMSA 1978.

For payment of costs of court ordered screening and treatment program, see 66-8-102 NMSA 1978.

For fees for caring for animals impounded in irrigation district, see 77-14-20 NMSA 1978.

For costs in civil actions, see Rule 2-701 NMRA.

The 2011 amendment, effective July 1, 2011, made a stylistic change.

The 2009 amendment, effective July 1, 2009, in Subsection A, changed the docket fee to be deposited in the court automation fund from $10 to $20; and added Paragraph (5) of Subsection D.

The 2003 amendment, effective July 1, 2003, in Paragraph D(1), deleted "in any county without a metropolitan court" following "corrections fee" in the introductory paragraph and added the two fee alternatives at the end.

The 2001 amendment, effective July 1, 2001, in the third paragraph of Subsection A inserted "and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund", and substituted "62.00" for "47.00".

The 2000 amendment, effective February 15, 2000, near the beginning of Subsection D(1), inserted "in any county without a metropolitan court", inserted "constituting a" in Subsection D(4), and substituted "24.00" for "14.00" in Subsection D(6).

The 1998 amendment, effective July 1, 1998, in Subsection A, inserted the sentences at the end of the first docket fee entry and at the end of the first copying fee entry, and substituted "court facilities fund" for "general fund" at the end of the second copying fee entry; in Subsection D, substituted "assess and collect and shall not waive, defer or suspend" for "collect" near the end of the introductory paragraph, added Paragraph D(6), and made minor related stylistic changes; and substituted "assess and collect and shall not waive, defer or suspend" for "collect" in the first sentence of Subsection E.

The 1997 amendment, effective July 1, 1997, added Paragraph D(5).

The 1996 amendment, effective May 15, 1996, in Subsection A, substituted "Magistrate judges" for "Each Magistrate" at the beginning of the subsection, inserted "ten dollars ($10.00) of which shall be deposited in the court automation fund" in the third paragraph, substituted "47.00" for "37.00" at the end of the third paragraph, and added the fourth paragraph; in Subsection D, substituted "Magistrate judges" for "Each Magistrate" in the second sentence, and inserted the closing phrase beginning with "convicted of" and substituted "10.00" for "3.00" in Paragraph (2).

The 1993 amendment, effective July 1, 1993, added Paragraph (4) to Subsection D, making a related grammatical change.

The 1992 amendment, effective July 1, 1992, substituted "37.00" for "25.00" near the middle of Subsection A, added the last sentence of that subsection, and substituted "that" for "which" near the end of Subsection D(1).

The 1991 amendment, effective June 14, 1991, in Subsection A, added the copying fee for computer-generated or electronically-transferred copies and the provision for disposition of the proceeds from the fee.

The 1990 amendment, effective July 1, 1990, substituted " 'convicted' " for " 'conviction' " in the section heading, added Paragraph (3) of Subsection D, and made a minor stylistic change.

The 1989 amendment, effective July 1, 1989, in Subsection E deleted "Subject to approval of the supreme court" at the beginning of the first sentence, substituted "five dollars ($5.00)" for "three dollars ($3.00)" near the middle of that sentence, and added the second sentence.

The 1988 amendment, effective March 8, 1988, substituted "by law" for "in Subsections D and E of this section" in Subsection B, inserted "or metropolitan" following "magistrate" in Subsections B and C, added the first sentence of the introductory paragraph of Subsection D, designated the former undesignated second paragraph of Subsection D as Subsection D(1), and added Subsection D(2).

The 1987 amendment, effective June 19, 1987, added all of the language beginning with "convicted of a crime" and preceding the fee amount in Subsection D.

Subsection B construed. — Subsection B should be construed to read that no other costs or fees shall be charged or collected in the magistrate court except those established by former Section 35-8-6 NMSA 1978, as amended. 1975 Op. Att'y Gen. No. 75-11 (statute repealed).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 2 et seq.

Abatement of state criminal case by accused's death pending appeal of conviction - modern cases, 80 A.L.R.4th 189.

51 C.J.S. Justices of the Peace §§ 15 to 17.