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Below are all of the laws that govern the structure of courts that match your search criteria.
30 Results
State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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New Mexico | N.M. Stat. Ann. § 34-8A-1 | Metropolitan court; established |
There is established within the boundaries of a class A county with a population of more than two hundred fifty thousand persons in the last federal decennial census the “metropolitan court”. The name of the metropolitan district is the same as the name of the county in which it is located.
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Metropolitan Court | Creation of the courts |
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New Mexico | N.M. Const. art. VI, § 1 | Judicial power vested |
The judicial power of the state shall be vested in the senate when sitting as a court of impeachment, a supreme court, a court of appeals, district courts; probate courts, 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.
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District Court | Creation of the courts |
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New Mexico | N.M. Const. art. VI, § 1 | Judicial power vested |
The judicial power of the state shall be vested in the senate when sitting as a court of impeachment, a supreme court, a court of appeals, district courts; probate courts, 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.
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Municipal Court | Creation of the courts |
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New Mexico | N.M. Const. art. VI, § 1 | Judicial power vested |
The judicial power of the state shall be vested in the senate when sitting as a court of impeachment, a supreme court, a court of appeals, district courts; probate courts, 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.
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Probate Court | Creation of the courts |
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New Mexico | N.M. Const. art. VI, § 1 | Judicial power vested |
The judicial power of the state shall be vested in the senate when sitting as a court of impeachment, a supreme court, a court of appeals, district courts; probate courts, 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.
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Court of Appeals | Creation of the courts |
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New Mexico | N.M. Const. art. VI, § 1 | Judicial power vested |
The judicial power of the state shall be vested in the senate when sitting as a court of impeachment, a supreme court, a court of appeals, district courts; probate courts, 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.
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Supreme Court | Creation of the courts |
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New Mexico | N.M. Stat. Ann. § 35-1-1 | Magistrate court; establishment |
There is established the “magistrate court” as a court of limited original jurisdiction within the judicial department of the state government. Personnel of the magistrate court are subject to all laws and regulations applicable to other state offices and agencies and to other state officers and employees except where otherwise provided by law. The magistrate court is not a court of record
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Magistrate Court | Creation of the courts |
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New Mexico | N.M. Const. art. VI, § 23 | Probate court |
A probate court is hereby established for each county, which shall be a court of record, and, until otherwise provided by law, shall have the same jurisdiction as heretofore exercised by the probate courts of New Mexico and shall also have jurisdiction to determine heirship with respect to real property in all proceedings for the administration of decedents' estates. The legislature shall have power from time to time to confer upon the probate court in any county in this state jurisdiction to determine heirship in all probate proceedings, and shall have power also from time to time to confer upon the probate court in any county in this state general civil jurisdiction coextensive with the county; provided, however, that such court shall not have jurisdiction in civil causes in which the matter in controversy shall exceed in value three thousand dollars ($3,000.00) exclusive of interest and cost; nor in any action for malicious prosecution, slander and libel; nor in any action against officers for misconduct in office; nor in any action for the specific performance of contracts for the sale of real estate; nor in any action for the possession of land; nor in any matter wherein the title or boundaries of land may be in dispute or drawn in question, except as title to real property may be affected by the determination of heirship; nor to grant writs of injunction, habeas corpus or extraordinary writs. Jurisdiction may be conferred upon the judges of said court to act as examining and committing magistrates in criminal cases, and upon said courts for the trial of misdemeanors in which the punishment cannot be imprisonment in the penitentiary, or in which the fine cannot be in excess of one thousand dollars ($1,000). A jury for the trial of such cases shall consist of six men. The legislature shall prescribe the qualifications and fix the compensation of probate judges
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Probate Court | Creation of the courts, Jurisdiction of the courts |
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New Mexico | N.M. Const. art. VI, § 2 | Supreme court; appellate jurisdiction |
Appeals from a judgment of the district court imposing a sentence of death or life imprisonment shall be taken directly to the supreme court. In all other cases, criminal and civil, the supreme court shall exercise appellate jurisdiction as may be provided by law; provided that an aggrieved party shall have an absolute right to one appeal.
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Supreme Court | Jurisdiction of the courts |
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New Mexico | N.M. Const. art. VI, § 29 | Court of appeals; jurisdiction; issuance of writs. |
The court of appeals shall have no original jurisdiction. It may be authorized by law to review directly decisions of administrative agencies of the state, and it may be authorized by rules of the supreme court to issue all writs necessary or appropriate in aid of its appellate jurisdiction. In all other cases, it shall exercise appellate jurisdiction as may be provided by law.
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Court of Appeals | Jurisdiction of the courts |
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New Mexico | N.M. Const. art. VI, § 13 | District court; jurisdiction and terms |
The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, and such jurisdiction of special cases and proceedings as provided by law, and appellate jurisdiction of all cases originating in inferior courts and tribunals in their respective districts as provided by law, and supervisory control over the same. The district courts, or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition and all other writs, remedial or otherwise in the exercise of their jurisdiction; provided, that no such writs shall issue directed to judges or courts of equal or superior jurisdiction. The district courts shall also have the power of naturalization in accordance with the laws of the United States. Until otherwise provided by law, at least two terms of the district court shall be held annually in each county, at the county seat.
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District Court | Jurisdiction of the courts |
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New Mexico | N.M. Stat. Ann. § 34-8A-3 | Metropolitan court; jurisdiction |
A. In addition to the jurisdiction provided by law for magistrate courts, a metropolitan court shall have jurisdiction within the county boundaries over all:(1) offenses and complaints pursuant to ordinances of the county and of a municipality located within the county in which the court is located except municipalities with a population of more than two thousand five hundred but less than five thousand persons in the 1980 federal decennial census; provided that the metropolitan court shall not have jurisdiction over uncontested municipal parking violations;(2) civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs; and(3) contested violations of parking or operation of vehicle rules promulgated by a board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico located within the county in which the court is located.
B. For the purposes of this section, “uncontested violation” is a violation for which a citation has been issued and the person has paid the citation by mail or in person to the appropriate issuing authority; and “contested violation” is a violation for which a citation has been issued and the person has indicated his intent to contest the citation or the person has not paid or answered the citation. C. The issuing authority shall provide to the metropolitan court on a mutually agreed schedule the unpaid citations and a listing in a manner mutually agreed upon of unpaid citations. D. The municipality shall retain as reimbursement for its expenses all revenues from uncontested municipal parking violations. |
Metropolitan Court | Jurisdiction of the courts |
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New Mexico | N.M. Stat. § 35-3-3, 35-3-4, 35-3-5 | Jurisdiction |
§ 35-3-3. Jurisdiction; civil actions A. Magistrates have jurisdiction in civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs.
B. Except as provided in Subsection C of this section, civil jurisdiction extends to actions in contract, quasi-contract and tort and where expressly conferred by law. C. A magistrate has no jurisdiction in a civil action: (1) for malicious prosecution, libel or slander; (2) against public officers for misconduct in office; (3) for specific performance of contracts for the sale of real property; (4) in which the title or boundaries of land may be in dispute or drawn into question; (5) affecting domestic relations, including divorce, annulment or separation or custody, support, guardianship, adoption or dependency of children; (6) to grant writs of injunction, habeas corpus or extraordinary writs; or (7) where jurisdiction is vested exclusively in another court. § 35-3-4. Jurisdiction; criminal actions A. Magistrates have jurisdiction in all cases of misdemeanors and petty misdemeanors, including offenses and complaints under ordinances of a county. Magistrates also have jurisdiction in any other criminal action where jurisdiction is specifically granted by law, and they may hold preliminary examinations in any criminal action where authorized by law. B. Magistrates have jurisdiction over all offenses and complaints under ordinances of a municipality and may issue subpoenas and warrants and punish for contempt if that municipality has adopted an effective ordinance to provide for magistrate jurisdiction over municipal ordinances pursuant to the provisions of Subsection B of Section 35-14-1 NMSA 1978. C. In any criminal action in the magistrate court which is beyond the jurisdiction of the magistrate court, the magistrate may commit to jail, discharge or recognize the defendant to appear before the district court as provided by law. Whenever the defendant is bound over to the district court, the magistrate shall forthwith deliver to the clerk of the district court a transcript of all proceedings in the magistrate court in the action. § 35-3-5. Jurisdiction; venue of actions A. Venue of actions in the magistrate court lies: (1) in civil actions, in any magistrate district where the plaintiff or defendant resides or may be found or where the cause of action arose; and (2) in criminal actions, in the magistrate district where the crime is alleged to have been committed. B. The provisions of Section 35-3-6 or 35-3-7 NMSA 1978, supersede this section whenever they become applicable. |
Magistrate Court | Jurisdiction of the courts |
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New Mexico | N.M. Stat. Ann. § 35-14-2 | Jurisdiction |
A. Each municipal court has jurisdiction over all offenses and complaints under ordinances of the municipality and may issue subpoenas and warrants and punish for contempt .B. Upon written agreement between the board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico and the governing body of a municipality contiguous to land under control of the board of regents or within which any portion of such land is located, the municipal court has jurisdiction over violations of campus traffic regulations adopted under Section 29-5-1 NMSA 1978 as to areas under control of the board of regents. Fines and forfeitures collected by the municipal court under campus traffic regulations may be credited to the state educational institution on whose campus the violation occurred.
C. Upon written agreement between a post-secondary educational institution and the governing body of a municipality contiguous to land under control of the institution or within which any portion of such land is located, the municipal court has jurisdiction over violations of campus traffic regulations adopted pursuant to Section 29-5-4 NMSA 1978 as to areas under control of the institution. Fines and forfeitures collected by the municipal court for violations of campus traffic regulations may be credited to the municipality or to the post-secondary educational institution on whose campus the violation occurred. D. Each municipal court's personal jurisdiction extends to any defendant who has been properly served with criminal process of the court anywhere in the state if that criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs. |
Municipal Court | Jurisdiction of the courts |
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Texas | Tex. Const. Art. 5 Sec. 1 | Judicial power; courts in which vested |
The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.
The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. |
State courts | Creation of the courts |
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Texas | Tex. Con. Art. 5 Sec. 19 | Justices of the peace; jurisdiction; appeals; ex officio notaries public; times and places of holding court |
Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. Justices of the peace shall be ex officio notaries public.
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Justice of the Peace Courts | Jurisdiction of the courts |
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Texas | Tex. Loc. Gov't Code §26.045 | Original Criminal Jurisdiction |
(a) Except as provided by Subsection (c), a county court has exclusive original jurisdiction of misdemeanors other than misdemeanors involving official misconduct and cases in which the highest fine that may be imposed is $500 or less.
(b) Except as provided by Subsection (c), a county court has jurisdiction in the forfeiture and final judgment of bonds and recognizances taken in criminal cases within the court's jurisdiction. (c) Except as provided by Subsections (d) and (f), a county court that is in a county with a criminal district court does not have any criminal jurisdiction. (d) A county court in a county with a population of 1.75 million or more has original jurisdiction over cases alleging a violation of Section 25.093, Education Code, or alleging truant conduct under Section 65.003(a), Family Code. (e) Subsections (c) and (d) do not affect the jurisdiction of a statutory county court. (f) A county court has concurrent jurisdiction with a municipal court in cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code. |
Constitutional county courts | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 22.001. | Jurisdiction |
(a) The supreme court has appellate jurisdiction, except in criminal law matters, of an appealable order or judgment of the trial courts if the court determines that the appeal presents a question of law that is important to the jurisprudence of the state. The supreme court's jurisdiction does not include cases in which the jurisdiction of the court of appeals is made final by statute.
(b) A case over which the court has jurisdiction under Subsection (a) may be carried to the supreme court by petition for review. |
Supreme Court | Jurisdiction of the courts |
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Texas | Jurisdiction of District Court | Tex. Const. Art. 5 Sec. 8 |
District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction.
The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. |
Distict Court | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 29.003 | Jurisdiction |
(a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction in all criminal cases that:
(1) arise under: (A) the ordinances of the municipality; or (B) a resolution, rule, or order of a joint board operating an airport under Section 22.074, Transportation Code; and (2) are punishable by a fine not to exceed: (A) $2,000 in all cases arising under municipal ordinances or resolutions, rules, or orders of a joint board that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse; (B) $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or (C) $500 in all other cases arising under a municipal ordinance or a resolution, rule, or order of a joint board. (b) The municipal court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the municipality's territorial limits or property owned by the municipality located in the municipality's extraterritorial jurisdiction and that: (1) are punishable only by a fine, as defined in Subsection (c); or (2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction. |
Municipal Court | Jurisdiction of the courts |