Page:Martinez v Gonzales,pdf.pdf/4

 II. DISCUSSION

Under our de novo review, United States v. Dillard, ___ F.3d ____, 2015 WL 4540551, at "4 (10th Cir. July 28, 2015), we affirm the district court’s judgment because Ms. Martinez and Mr. Romero raise only one issue that is relevant to the district court’s immunity rulings: that the bench warrant was invalid.

To show that Judge Miera, Deputies Webb and Nissen, and Officer Garcia are not entitled to absolute immunity, Ms. Martinez and Mr. Romero must establish that Judge Miera issued the bench warrant in the “clear absence of all jurisdiction." Turney v. O’Toole, 898 F.2d 1470, 1474 (10th Cir. 1990) (internal quotation marks omitted). They cannot do so. As the district court correctly explained, Rule 6-207 of the New Mexico Rules of Criminal Procedure for the Magistrate Courts expressly provides that "[i]f any person who has been ordered by the magistrate judge to appear at a certain time and place. . . fails to appear at such specified time and place. . . the court may issue a warrant for the person’s arrest.” NMRA 6-207(A). Ms. Martinez was ordered to appear for her arraignment and failed to do so. Judge Miera therefore issued the bench warrant for her arrest. She clearly had jurisdiction to do so, and thus she and the other officers are all entitled to absolute judicial or quasi-judicial immunity.