[Adopted as Ch. 6, Art. 2 of the 1972 City Code]
[Amended 6-18-1987 by Ord. No. 75-65]
The Municipal Judge shall be elected for a term of four years,
at regular municipal elections beginning in March of 1988, and otherwise
as provided by law. Any vacancy shall be filled by the Mayor with
the advice and consent of the City Council to serve until the next
regular municipal election.
[Amended 4-29-1993 by Ord. No. 81-20]
The Municipal Judge shall be a registered and qualified elector
of the City of Las Vegas and shall, at a minimum, have a high school
diploma or equivalent. Additionally, the Municipal Judge shall have
60 college credit hours applicable towards a two-year or four-year
degree at a college or university and/or a minimum of four years'
experience in municipal government, the criminal justice system or
related field.
The Municipal Judge shall, before he enters the duties of office,
if no corporate surety bond covering all municipal officials exists,
execute a surety bond to the City in the amount of $5,000 conditioned
upon the faithful performance of his duties and the paying over to
the City of all fines, forfeited bonds and other money which comes
into his hand by virtue of his office. The Municipal Judge shall take
the oath of office as required in NMSA 1953, § 14-9-2.[1]
[1]
Editor's Note: See now NMSA 1978, § 3-10-2.
The Mayor, with the advice and consent of the City Council,
shall designate an attorney or magistrate as alternate Municipal Judges,
one of whom shall serve as Acting Municipal Judge during his vacation,
temporary absence, unavailability or incapacity of the Municipal Judge.
The Municipal Judge, before absenting himself, shall select or, upon
his failure to select, the Mayor shall select one designee from those
set forth above to serve as temporary Municipal Judge to exercise
all powers of the Municipal Judge until the return of the Municipal
Judge. Compensation of the alternate Municipal Judge shall be fixed
by the governing body.
[Amended 2-15-1990 by Ord. No. 78-26; 10-1-2003 by Ord. No. 03-13; 7-21-2011 by Ord. No. 11-12]
The Municipal Judge shall designate the specific offenses under
the Traffic Code of the City, the fines for which may be accepted
by the Municipal Judge or his representative upon a plea of guilty
and shall specify by suitable schedule the amount of such fines.
The Municipal Judge shall keep or cause to be kept a record
of every traffic complaint, uniform traffic citation and other form
of traffic charge filed in his Court and every official action and
disposition of the charge by his Court. Within 10 days after disposition
of every charge of violating the Traffic Code of the City, the Municipal
Judge shall, upon forms furnished by the Commissioner of Motor Vehicles,
prepare, certify as correct and forward to the State Department of
Motor Vehicles an abstract of the record. A report need not be made
of any conviction involving illegal parking or standing of a vehicle
except when a uniform traffic citation is used. When the uniform traffic
citation is issued, the form of the abstract on the back of the officer's
first copy containing the above information shall be used. The failure
or refusal of the Municipal Judge to comply with the provisions of
this section is misconduct in office and grounds for removal.
[Amended 2-15-1990 by Ord. No. 78-26]
A.
The Municipal Judge shall be a full-time Judge and shall be available
at all reasonable hours for the issuance of warrants and summons,
and shall fulfill all duties as outlined by the laws of the State
of New Mexico and the ordinances of the City of Las Vegas.
B.
From the effective date of this section, the duties of the Municipal
Judge shall be increased as follows:
(1)
The Municipal Judge will develop, establish, direct and administer:
(a)
A Probation Control Division:
[1]
For control and supervision of defendants sentenced by the Court
and as an alternative to incarceration.
[2]
Devise a work-related program for defendants with community
nonprofit organizations.
[3]
Expand a current pilot work release program for Municipal Court
defendants.
[4]
Make available to other local courts and the District Attorney's
office the services of the Probation Control Division and its programs
for other than Municipal Court defendants at the Judge's discretion.
(b)
Enhance and expand the current pilot program of work-related
activity for:
(c)
The Municipal Judge will seek any and all other alternatives
to incarceration:
[1]
He will establish and implement, direct and administer any program
he feels within his judgment and authority to be justified in assisting
and maintaining a minimum number of defendants sentenced to incarceration.
[2]
The Municipal Judge by his additional duties and activities
insures the conservation of City funds by the creation of new programs
as needed to maintain minimum jail expenses related to incarceration
and transportation of prisoners, while still insuring the proper administration
of justice.
(d)
Establish and direct a junior traffic offenders/violators educational
program:
[1]
The program's objective will be to prevent repeat offenses of
traffic ordinances by juveniles under 18 years of age.
[2]
The program of education will provide instruction and information
of motor vehicle laws.
[3]
The program shall attempt to enhance the understanding of motor
vehicle laws and their purpose by violators.
[4]
A portion of the program will involve safety as well as alcohol
and drug related issues involving the safe operation of a motor vehicle.
(2)
As compensation for the increased duties of the Municipal Judge during
this term, said Judge shall receive a total salary of $45,000 per
year as well as vacation, sick leave, holidays and all employee benefits
granted other municipal employees.
