Last amended December 31, 2017 · Last verified June 26, 2026
In one sentenceRule 1-088 governs how the trial judge is designated and how a judge is replaced after an excusal or recusal, including automatic recusal and Supreme Court designation.
A.Assignment of cases. The judge before whom the case is to be tried shall be designated at the time the complaint is filed under local district court rule.
B.Procedure for replacing a district judge who has been excused or recused. Upon the filing of a notice that a district judge has been excused or recused, the clerk shall assign a district judge of another division at random, in the same fashion as cases are originally assigned or pursuant to local district court rule. If all district judges in the district have been excused or recused, the clerk of the district court shall notify the chief justice of the Supreme Court of New Mexico, who shall designate a judge, justice, or judge pro tempore to hear all further proceedings.
C.Automatic recusal. If a civil proceeding is filed in any county of a judicial district by or against a judge or an employee of the district, a judge from another district shall be designated in accordance with procedures ordered by the chief justice.
D.Designation of temporary judge. If a party is seeking an emergency order or a temporary restraining order under Rule 1-066 NMRA and all of the judges of a judicial district are ineligible to hear the matter or have recused themselves, the clerk shall immediately certify the case to the Supreme Court for designation of a judge to hear all matters in the proceedings until such time as a judge may be agreed upon by the parties or designated in accordance with this rule.
E.Excuse of judge appointed by chief justice. Any judge designated by the chief justice may not be excused except under Article VI, Section 18 of the New Mexico Constitution.
F.Departure of judge designated by chief justice; transfer of cases. When a judge designated to serve by the chief justice is no longer a member of the judiciary, the cases assigned to the judge shall remain on the docket of the judge’s successor. The new judge may not be excused except under Article VI, Section 18 of the New Mexico Constitution.
End
Rule History
[As amended, effective March 1, 2000; as amended by Supreme Court Order No. 09-8300-004, effective April 8, 2009; as amended by Supreme Court Order No. 17-8300-026, effective for all cases pending or filed on or after December 31, 2017.]
Plain-English Summary
This rule assigns judges to cases. The trial judge is designated when the complaint is filed under local rule. When a judge is excused or recused, the clerk randomly assigns another division’s judge; if all of the district’s judges are excused or recused, the clerk notifies the chief justice, who designates a judge or judge pro tempore.
If a civil case is filed by or against a judge or court employee, a judge from another district is designated. For emergency or temporary restraining orders where all the district’s judges are ineligible, the clerk certifies the case to the Supreme Court for designation. A judge designated by the chief justice may be excused only under the constitution, and that judge’s cases stay with a successor.
Frequently Asked Questions
When is the trial judge designated?
At the time the complaint is filed, under local district court rule.
What happens if all judges in a district are excused or recused?
The clerk notifies the chief justice of the Supreme Court, who designates a judge, justice, or judge pro tempore to hear all further proceedings.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-088 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:designation of judgeassignment of judgeautomatic recusalreplacing a judge