Each district court clerk shall open an account in a bank which is a member of the federal deposit insurance corporation. The account shall be in the name of the state treasurer of New Mexico, and withdrawals may be made only by the state treasurer. All fines, fees, costs and other money received by the clerk, except money designated by law for deposit in the court clerk trust account, shall be deposited to this account not later than two working days after receipt by the clerk. Deposit slips shall be prepared by the clerk to clearly distinguish between fines and forfeitures which the state treasurer will credit to the current school fund of the state, money designated by law for credit to other specific funds in the state treasury, and all other money. Duplicate deposit slips and all bank statements shall be forwarded immediately to the state treasurer by the clerk. No collateral securities shall be required of the bank for this account, but the state treasurer shall make withdrawals from each account at least quarterly, and, in any event, so that the balance remaining in any account never exceeds fifteen thousand dollars ($15,000). Money withdrawn shall be credited to the proper account in the state treasury, and any money not otherwise designated by law shall be credited to the state general fund.
History: 1953 Comp., § 16-3-25, enacted by Laws 1968, ch. 69, § 39.
Cross references. — For audit of accounts, see 12-6-1 NMSA 1978.
For the Procurement Code, see 13-1-99 NMSA 1978.
For the general fund, see 6-4-2 NMSA 1978.
Repeals and reenactments. — Laws 1968, ch. 69, § 69, repeals former 16-3-25, 1953 Comp., relating to transfer of unclaimed money to court fund, and Laws 1968, ch. 69, § 39, enacts the above section.
Section applies to excess federal fees. — Fees collected under 34-6-42 NMSA 1978 which are in excess of those remitted to the federal government must be handled according to this section, and the district court clerk is precluded from retaining them. 1968 Op. Att'y Gen. No. 68-77.
Deposit of funds in reserve investment fund for 25 years. 1969 Op. Att'y Gen. No. 69-33 (rendered under prior law).
Structure New Mexico Statutes
Chapter 34 - Court Structure and Administration
Section 34-6-1 - Judicial districts.
Section 34-6-2 - District court terms.
Section 34-6-4 - Judges; first judicial district.
Section 34-6-5 - Judges; second judicial district.
Section 34-6-6 - Judges; third judicial district.
Section 34-6-7 - Judges; fourth judicial district.
Section 34-6-8 - Judges; fifth judicial district.
Section 34-6-9 - Judges; sixth judicial district.
Section 34-6-10 - Judges; seventh judicial district.
Section 34-6-11 - Judges; eighth judicial district.
Section 34-6-12 - Judges; ninth judicial district.
Section 34-6-13 - Judges; tenth judicial district.
Section 34-6-14 - Judges; eleventh judicial district.
Section 34-6-15 - Judges; twelfth judicial district.
Section 34-6-16 - Judges; thirteenth judicial district.
Section 34-6-17 - Judges; principal offices.
Section 34-6-18 - Judges; multiple-judge districts; divisions; presiding judges.
Section 34-6-19 - Personnel; designation.
Section 34-6-20 - Personnel; official court reporters; secretaries.
Section 34-6-21 - Personnel; state employees.
Section 34-6-22 - Personnel; oaths and bonds.
Section 34-6-23 - Personnel; travel expenses.
Section 34-6-24 - Operation; location of court; facilities.
Section 34-6-25 - Operation; seal.
Section 34-6-26 - Operation; record; authentication.
Section 34-6-27 - Operation; process.
Section 34-6-28 - Operation; rules.
Section 34-6-29 - Operation; filing and service.
Section 34-6-30 - Operation; notation of filing.
Section 34-6-31 - Operation; nunc pro tunc entries.
Section 34-6-32 - Operation; return of filed papers.
Section 34-6-33 - Operation; dockets and records.
Section 34-6-34 - Finance; statutory construction.
Section 34-6-35 - Finance; payment of expenses.
Section 34-6-36 - Finance; disposition of litigant money; court clerk trust account.
Section 34-6-37 - Finance; disposition of court income; state treasurer account.
Section 34-6-38 - Finance; disposition of unclaimed money.
Section 34-6-39 - Finance; improper disposition of money; penalty.
Section 34-6-40 - Finance; fees.
Section 34-6-40.1 - Civil action by state; filing fee assessed as costs.
Section 34-6-41 - Finance; jury refreshments, meals and rooms.
Section 34-6-42 - Finance; federal functions.
Section 34-6-43 - Finance; statutory fees exclusive.
Section 34-6-44 - District court alternative dispute resolution fund; administration.
Section 34-6-45 - District courts; alternative dispute resolution; fee.
Section 34-6-46 - District court; indigency standard; fee schedule; reimbursement.