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2009 New Mexico Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagnm0011 and id is 1 raw text is: ARY .LKING ALBERT J. LAMA Attme Geera Che Dputy Atorny Genera January 16, 2009 The Honorable Kari E. Brandenburg Second Judicial District Attorney 520 Lomas Blvd. NW Albuquerque, NM 87102 Re: Request for Opinion - Jurisdiction of Juvenile Traffic Offenses Dear District Attorney Brandenburg: You have requested our opinion regarding the jurisdiction over traffic offenses which are not specifically enumerated acts as set forth in NMSA 1978, Section 32A-2-3. yet are committed in conjunction with delinquent acts for which the Children's Court does have jurisdiction. Based on our examination of the relevant New Mexico statutes, opinions and case law authorities, and on the information available to us at this time, we conclude that absent express statutory authority, the Children's Court Attorneys do not have the authority to prosecute traffic offenses committed by a child that arise out of the same occurrence as a delinquent act for which the Children's Court has jurisdiction. The Children's Court is a division of the district court, whose power is established by the New Mexico Constitution. See NMSA 1978, § 32A-1-5 (1993). The Constitution empowers the district courts with original jurisdiction in all matters and causes not excepted by this constitution, and such jurisdiction of special cases and proceedings as may be conferred by law. NM Const., Art. VI, § 13. However, the Newx Mexico Court of Appeals has held that the Children's Court is a court of limited jurisdiction, and thus only permitted to do what is specifically authorized by the statute. See b2 re Doe III. 87 N.M. 170, 172. 531 P.2d 218, 200 (Ct.App 1975): Health & Social Ser ices Department v. Doe, 91 N.M. 675, 677, 579 P.2d 801, 803 (Ct.App.1978). Thus, the power of the Children's Court is that as defined by statute. See NMSA 1978, § 32A-1-8 (2005). NMSA 1978, Section 32A-2-3 (as amended through 2005) defines a delinquent act in such a way as to infer jurisdiction upon the Children's Court for only enumerated traffic offenses. Hlo\eer, NMSA 1978, Section 32A-2-29, (2003) contains an exception that extends the authority of the Children' s Court to consider all traffic offenses when coupled with one of the

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