Chapter 2.60
MUNICIPAL JUDGE
Sections:
2.60.010 Qualifications – Salary.
2.60.020 Election – Term – Vacancy.
2.60.040 Duties of temporary municipal judge.
2.60.050 Monthly reports and remittances – Itemized statement.
2.60.060 Record of traffic cases – Exception.
2.60.070 Exceptions to court appearance requirements – Traffic fines payable to court clerk.
2.60.080 Failure to make reports or remit money – Penalty – Cause for removal.
2.60.100 Training required – Exemption – Proof of compliance – Withholding salary for noncompliance.
2.60.110 Authorization to suspend sentences, defer sentences, and place defendants on probation.
2.60.010 Qualifications – Salary.
A. The municipal judge shall be a resident of the municipality. In the event an employee in the service of the town has filed a declaration of candidacy for municipal judge of the town of Mesilla, he/she may expend annual leave for electioneering or campaign activities. If elected or appointed as the municipal judge, on the taking of the oath of office the employee must resign from service with the town.
B. The municipal judge shall receive a salary of $15,000 per year. The salary shall not be reduced after his/her election or appointment or during his/her term of office. (Article X, Section 4(B), New Mexico State Constitution.) [Ord. 2013-06; Ord. 2010-02 § 3; Ord. 2007-07 § 2; Ord. 2003-08 § 3; Ord. 91-14 § 1; Ord. 89-12 § 1; prior code § 5-2-1]
2.60.020 Election – Term – Vacancy.
A. The municipal judge shall be elected for terms of four years in a regular municipal election.
B. The elected municipal judge shall provide to the mayor and board of trustees a list of at least two residents who are registered voters in the municipality, and who are qualified and willing to serve as temporary alternate judges. The mayor, with the advice and consent of the board of trustees, shall select at least two temporary judges from such list to serve as temporary municipal judges under circumstances established in this section.
C. In the event that the municipal judge’s office becomes vacant, then:
1. The vacancy may be filled by one of the appointed temporary municipal judges selected by vote of the board of trustees, to serve until the next regular or special municipal election; or
2. The board of trustees may declare and conduct a special election to fill the remainder of the vacant office. [Ord. 2013-06; prior code § 5-2-2]
2.60.030 Temporary incapacity or absence of a municipal judge – Appointment of a temporary municipal judge.
If the municipal judge be incapacitated or absent, or elects to recuse himself or herself, an approved temporary municipal judge shall be assigned by the elected municipal judge to assume all duties of the elected municipal judge during said temporary incapacity, absence or for the recusal, and the temporary judge shall hear and determine cases arising under municipal ordinances while sitting as municipal judge. Once any incapacity, absence or recusal period is past, the elected municipal judge shall resume full charge of his/her office. In the event the elected municipal judge is unable or unavailable to make the assignment, the assignment shall be made by the mayor. [Ord. 2013-06; prior code § 5-2-3]
2.60.040 Duties of temporary municipal judge.
The duties of the temporary municipal judge shall be the same duties of the elected municipal judge during a period of incapacity, absence or following recusal. The temporary municipal judge shall be compensated by contract with the municipal court. [Ord. 2013-06; prior code § 5-2-4]
2.60.050 Monthly reports and remittances – Itemized statement.
A. The municipal judge shall make monthly reports to the board of trustees of all money collected by her/him. The reports required shall be filed and the money collected paid to the municipality not later than the tenth day of the month following collection.
B. Said reports shall include an itemized statement showing the different amounts collected, the purpose of collection, the name of the person paying and the date of payment. [Ord. 2013-06; prior code § 5-2-5]
2.60.060 Record of traffic cases – Exception.
A. The municipal judge shall keep a record of every traffic complaint, uniform traffic citation and other form of traffic charge filed in her/his court and every official action and disposition of the charge by her/his court.
B. After disposition of every charge of violating the Motor Vehicle Code or other law or ordinance relating to motor vehicles, the municipal judge or the clerk of the court shall complete the citation abstract and forward it to the New Mexico Motor Vehicle Division. Reports need not be made of any disposition of a charge of illegal parking or standing of a vehicle.
C. The municipal judge shall keep records on all traffic violations. Records showing a conviction shall be open to public inspection during business hours for three years from the date of final disposition, after which the municipal judge shall cause them to be destroyed except that convictions under Sections 66-8-102 through 66-8-112 NMSA 1978 shall not be open to public inspection and shall not be destroyed until 55 years from the date of their receipt, in compliance with state law.
D. The failure or refusal of the municipal judge or her/his court clerk to comply with this section is misconduct in office and grounds for removal; except that violation of subsection (C) of this section shall be punished by a fine not exceeding $200.00, or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. [Ord. 2013-06; prior code § 5-2-6]
2.60.070 Exceptions to court appearance requirements – Traffic fines payable to court clerk.
The municipal judge shall designate the specific offenses under the traffic code of the municipality, the fines for which may be accepted by the clerk of the municipal court upon a signed penalty assessment; provided, that no penalty assessment shall exceed the provisions of the New Mexico Motor Vehicle Code. The municipal judge shall also name the offenses which shall require appearance before the court. [Ord. 2013-06; prior code § 5-2-7]
2.60.080 Failure to make reports or remit money – Penalty – Cause for removal.
A. Any municipal judge violating any provision relating to making reports or remitting money collected is guilty of a misdemeanor, and shall be fined not more than $200.00 or imprisoned not more than 90 days, or both.
B. The failure or refusal of the municipal judge to comply with any provision relating to making reports or remitting money collected is misconduct in office and grounds for removal as allowed by law. [Ord. 2013-06; prior code § 5-2-8]
2.60.090 Additional duties.
In addition to other duties required by law, the municipal judge shall hold court sessions on a regularly scheduled basis and as required by the court’s case load; provided, that the municipal judge shall hold at least three two-hour sessions a week and shall be available for one evening session a week as needed. Further, the municipal judge shall be available during reasonable hours for the issuance of warrants, summons and general office hours duties; total hours per week will be 15. [Ord. 2013-06; Ord. 2007-07 § 3; Ord. 91-14 § 2; Ord. 89-12 § 2; prior code § 5-2-9]
2.60.100 Training required – Exemption – Proof of compliance – Withholding salary for noncompliance.
A. The municipal judge shall annually, as a condition of discharging the duties of that office, successfully complete a judicial training program conducted under the authority or with the approval of Administrator of the Courts, unless excused by the Chief Justice of the Supreme Court.
B. The municipal judge shall file with the town clerk-treasurer proof of compliance with subsection (A) of this section as a public record.
C. The town clerk-treasurer shall withhold the municipal judge’s salary until the municipal judge has filed proof of compliance with subsection (A) of this section. [Ord. 2013-06; prior code § 5-2-10]
2.60.110 Authorization to suspend sentences, defer sentences, and place defendants on probation.
A. Authority to Suspend and Defer Sentences, and Grant Probation. When the municipal judge is satisfied that the public will be served and the ends of justice will be served, the municipal judge may when allowed by state law:
1. Suspend in whole or in part the execution of a sentence;
2. Place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best, including but not limited to deferment of sentence, making restitution, or performing community service; or
3. Impose any or all of the provisions of both subsections (A)(1) and (2) of this section on the defendant.
B. Discharge of Liability. Upon the successful completion of the terms and conditions of probation, the defendant’s liability for any fine or other punishment imposed shall be fully discharged. [Ord. 2013-06; prior code § 5-2-11]