Rule 8-106 - Disqualification; recusalA.Disqualification. No right to peremptory disqualification exists in the municipal court.B.Recusal. No judge shall sit in any action in which the judge's impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct, and the judge shall file a certificate of recusal in any such action. Upon receipt of notification of recusal from a judge, the municipal court shall give written notice to each party. Upon recusal, another judge shall be designated to conduct any further proceedings in the action in the manner provided by Rule 8-105 NMRA. C.Failure to recuse. If a party believes that the judge's impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct, the party may file a notice of facts requiring recusal. The notice shall specifically set forth the constitutional grounds alleged. Upon receipt of the notice, the judge may file a certificate of recusal in the action or enter an order finding that there are not reasonable grounds for recusal. If within ten (10) days after the filing of notice of facts requiring recusal, the judge fails to file a certificate of recusal in the action, any party may certify that fact by letter to the district court of the county in which the action is pending with a copy of the notice of recusal. No filing fee shall be required for the filing of a letter certifying grounds for recusal described in Paragraph B of this rule. The party's certification to the district court shall be filed in the district court not less than five (5) days after the expiration of time for the municipal court judge to file a certificate of recusal or not less than five (5) days after the filing of an order in the municipal court finding the grounds alleged in the notice of recusal do not constitute reasonable grounds for recusal, whichever date is earlier. A copy of the letter shall also be filed with the municipal court. The district court shall make such investigation as the court deems warranted and enter an order in the action, either prohibiting the municipal court judge from proceeding further or finding that there are insufficient grounds to reasonably question the municipal court judge's impartiality under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct.N.M. R. Mun. Ct. P. 8-106
As amended, effective 5/1/2002; as amended by Supreme Court Order No. 15-8300-017, effective for all cases pending or filed on or after12/31/2015. ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-017, effective December 31, 2015, in Paragraph C, in the seventh sentence, after "filed with the", deleted "metropolitan" and added "municipal". The 2002 amendment, effective May 1, 2002, rewrote Pargraph B relating to municipal judges and added Paragraph C. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 372, 379, 390, 396. Disqualification of judge in proceedings to punish contempt against or involving himself or court of which he is a member, 64 A.L.R.2d 600, 37 A.L.R.4th 1004.