SENATE BILL 179

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO PROBATE COURTS; ALLOWING PROBATE JUDGES TO SIGN ORDERS OR OTHER DOCUMENTS FROM A LOCATION IN THE COUNTY THAT IS NOT THE COUNTY SEAT; REPEALING SECTION 34-7-5 NMSA 1978 (BEING LAWS 1869-1870, CHAPTER 51, SECTION 2, AS AMENDED) PERTAINING TO PENALTIES FOR PROBATE JUDGES OR CLERKS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 34-7-4 NMSA 1978 (being Laws 1869-1870, Chapter 51, Section 1, as amended) is amended to read:

     "34-7-4. PROBATE COURTS TO BE HELD AT COUNTY SEATS--ALLOWED LOCATIONS FOR SIGNING ORDERS.--[Sec. 72.]

          A. The court of each probate [judges] judge of this state [are strictly required to hold their courts] shall be located in the county [seats] seat of [their counties, and] the county the probate judge serves. Each probate [clerks] clerk shall, at all times, also have [their offices] that clerk's office in the [said] county seat of the county [at all times] in which the court is located.

          B. A probate judge may sign orders or other documents related to probate court matters from any location in the county in which the probate judge serves."

     SECTION 2. REPEAL.--Section 34-7-5 NMSA 1978 (being Laws 1869-1870, Chapter 51, Section 2, as amended) is repealed.

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