Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 68-51

Collection Attorney General Opinions and Advisory Letters
Date 05/20/1968
File Number 1968 Op. Att'y Gen. No. 68-51

Decision Content

Opinion No. 68-51

May 20, 1968

BY: OPINION OF BOSTON E. WITT, Attorney General

TO: Honorable Walter K. Martinez New Mexico State Representative 701 Elko Grants New Mexico

QUESTION

QUESTION

Is the filing fee for the magistrate pursuant to House Bill No. 4, Chapter 62, Second Session, 28th Legislature, 1968, $ 50,000?

CONCLUSIONS

See analysis.

OPINION

{*88} ANALYSIS

House Bill No. 4 found in Chapter 62 of the 1968 Laws of New Mexico does not set forth the filing fee for the position of magistrate.

It is stated in Section 3-11-8.1 (D), N.M.S.A., 1953 Compilation (P.S. 1967) that the filing fee for a Justice of the Peace shall be $ 50.00. Section 3-11-8.1 (D), N.M.S.A., supra, has not been expressly repealed.

House Bill No. 4 of Chapter 62 will be effective January 1, 1969. Section 36-1-38 states that:

"Whenever the term 'Justice of The Peace may be used in the laws it shall be construed to refer to the magistrate court."

It is the opinion of this office {*89} that the filing fee for magistrate is $ 50.00

By: Spencer T. King

Assistant Attorney General

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.