New Mexico’s Magistrate Courts are trial courts, but their power is limited. There are 54 of these courts scattered throughout the state. One of them is the Doña Ana County Magistrate Court.
This article will provide an overview of the Las Cruces Magistrate Court, including what types of cases it handles, how its procedures work, and how you can access court records. If you have a legal issue in Doña Ana County, understanding the Magistrate Court is a good place to start.
What cases does the Las Cruces Magistrate Court handle?
The Magistrate Court has jurisdiction over both criminal and civil cases. Here’s a look at what types of cases they hear.
Criminal Jurisdiction
The Las Cruces Magistrate Court handles petty misdemeanor charges, as well as DWI/DUI cases and other traffic violations. They also conduct preliminary hearings in felony cases to determine whether there is enough evidence for the case to proceed to trial.
For most misdemeanor criminal offenses, the Magistrate Court shares jurisdiction with the District Court.
Civil Jurisdiction
On the civil side, the Magistrate Court hears small claims cases where the amount in dispute is $10,000 or less.
However, there are several types of civil cases the Magistrate Court doesn’t have the power to decide, including:
- Divorces or annulments
- Civil actions against public officials
- Contract or property disputes
- Cases of malicious prosecution, libel, or slander
- Most cases seeking injunctive relief
How are magistrate judges selected and what are their qualifications?
Magistrate judges in Las Cruces are elected to four-year terms in contested partisan elections. After serving their term, they must run in a retention election, where they need to secure at least 57% of the vote to remain in office.
To be eligible to serve as a magistrate judge, candidates must be at least 18 years old and qualified to vote. They also need to live within the boundaries of the magistrate district they wish to serve.
All magistrate judge candidates must have a high school diploma or its equivalent. In larger districts with populations over 200,000—such as the one serving Las Cruces—candidates are required to be licensed to practice law in New Mexico. However, they can’t engage in private law practice while holding the office.
To stay current on the law, magistrate judges must attend at least one training program every year, unless excused by the Chief Justice of the New Mexico Supreme Court.
Accessing Court Records
If you need to access records from the Las Cruces Magistrate Court, you have a couple of options: online access and in-person access.
Online Access
Many criminal records are available online, especially those related to domestic violence and DWI cases. However, the online portal does have some limitations.
- Records from before June 1997 may not be available online.
- The online portal does not include personal identifiers, juvenile cases, or protective orders.
In-Person Access
If you can’t find the records you need online, you can obtain them by visiting the courthouse in person. Contact the court directly for assistance if needed.
Important Considerations
Before heading to the courthouse, it’s a good idea to verify that the records you need are actually available. You may also be able to access records through the Secured Odyssey Public Access (SOPA) system.
It’s important to remember that if you’re using court record information for things like background checks, you need to comply with the Fair Credit Reporting Act (FCRA).
What to expect when you go to court
The Las Cruces Magistrate Court handles a variety of procedures. If you’re called to appear, you may be attending:
- An arraignment, where you will hear the charges against you.
- A preliminary hearing.
- A trial for a misdemeanor or traffic offense.
- A hearing for a small claim.
To maintain their position, magistrates must attend at least one training program every year. The only exception is if the Chief Justice excuses them.
It’s also important to remember that everyone who comes to the courthouse is expected to be respectful and follow all court rules.
In Summary
The Las Cruces Magistrate Court plays an important role in the local legal system. It has limited jurisdiction, so it can only hear certain types of cases, most of which are misdemeanor criminal offenses and civil matters involving smaller sums of money. Magistrate judges are elected by the voters of Doña Ana County.
If you want to view court records, you can do so in person or, in some cases, online. But remember, even if you can access the information yourself, it’s always a good idea to consult with an attorney to fully understand the legal implications of any case.
Navigating the court system can be confusing, so if you’re dealing with a legal matter in Las Cruces, seek legal advice. An attorney can help you understand your rights and responsibilities.