NMAGO 03-04.

Case DateApril 28, 2003
CourtNew Mexico
New Mexico Attorney General Opinions 2003. NMAGO 03-04. April 28, 2003Opinion No. 03-04OPINION OF PATRICIA A. MADRID Attorney General BY: Mona N. Valicenti Assistant Attorney General TO: Senator Lidio Rainaldi New Mexico State SenateState Capitol Building Room 302 Santa Fe, New Mexico 87503 QUESTION: (1) Does a court of limited jurisdiction have the authority, under New Mexico statutes, to order a psychiatric evaluation of a defendant for competency to stand trial without a referral to district court? (2) Does a judge sitting in a court of limited jurisdiction have the authority to commit a defendant to a state mental health facility?CONCLUSION: Except for metropolitan courts, courts of limited jurisdiction have no authority to hold competency hearings. Courts of limited jurisdiction have no authority to commit defendants to a mental health facility. ANALYSIS: Determination of Competency Article VI, Section 1, of the New Mexico Constitution states that "[t]he judicial power of the state shall be vested in the ... magistrate courts and such other courts inferior to the district courts as may be established by law from time to time in any district, county or municipality of the state." The magistrate court is a court of limited jurisdiction as evidenced by Article VI, Section 26 of the Constitution, which states that "[t]he Legislature shall establish a magistrate court to exercise limited original jurisdiction as may be provided by law." In NMSA 1978, Section 35-1-1 (1968), the legislature created the "magistrate court" as a court of limited original jurisdiction within the judicial department of the state government. Metropolitan courts and municipal courts are also courts of limited jurisdiction. A metropolitan court is "inferior to the district courts" and its jurisdiction is the same as the magistrate court's, with some additional causes. See NMSA 1978, Sections 34-8A-2 to -3 (2001). A municipal court's original jurisdiction is generally limited to hearing violations of municipal ordinances. See NMSA 1978, Section 35-14-2 (1988) (describing municipal court's jurisdiction). Magistrate courts and other courts of limited jurisdiction are without authority to take action unless the authority has been affirmatively granted by the Constitution or statutory provision. See State v. De La O, 102 N.M. 638, 698 P.2d 911 (Ct...

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