IAL 101907.

• Case Date: October 19, 2007
• Court: New Mexico

New Mexico Attorney General Opinions 2007. IAL 101907. October 19, 2007IAL 101907The Honorable Gary L. Clingman, Chief JudgeFifth Judicial District 100 N. Main, Box 6-CLovington, NM 88260 Re: Opinion Request -- Lea County Courthouse Annex in HobbsDear Chief Judge Clingman: You requested our advice concerning the construction of a district court complex in Lea County. In particular, you ask:

1. Can Lea County construct a courthouse annex in Hobbs to house district court operations?

2. Can two of the three district judges assigned to Lea County operate from the annex?

Based on our examination of the relevant New Mexico statutes, opinions, case law and other legal authorities and the information available at this time, we conclude that, if Lea County constructs a courthouse annex in Hobbs, the Fifth Judicial District Court has statutory authority to establish, by rule, an additional office in the annex for district judges assigned to Lea County. The three judges assigned to Lea County may operate from the annex, but must maintain their principal offices in Lovington, the county seat. The Fifth Judicial District consists of Lea, Chavez and Eddy Counties. NMSA 1978, § 34-6-1(E) (1992). From your request, we understand that three of the ten district judges in the Fifth Judicial District are assigned to Lea County. Currently, the offices of those judges are located in Lovington, which is the county seat of Lea County. Most of the population of Lea County resides in or immediately around Hobbs, which is approximately 25 miles from Lovington. The Lea County Board of County Commissioners is considering construction of a judicial center in Hobbs that would house the District Attorney's office, probation or parole offices and additional district courthouse facilities. In general, the district court for a county is required to operate from the county seat. The New Mexico Constitution requires that "at least two terms of the district court shall be held annually in each county, at the county seat," unless the legislature provides otherwise. N.M. Const. art. VI, § 13. By statute, the district court in each county "shall be held at the county seat," and "[e]ach board of county commissioners shall provide adequate quarters for the operation of the district court. . . ." NMSA 1978, § 34-6-24 (1988). Each...