City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 30 of the Code of Ordinances. Amendments noted where applicable.]
Code of Ethics — See Ch. 40.
Officers and employees — See Ch. 78.
Personnel policies — See Ch. 86.
There is hereby established a Municipal Court in the City. The Municipal Court shall be presided over by a Municipal Judge.
The Municipal Court has jurisdiction over all offenses and complaints under ordinances of the City and may issue subpoenas and warrants and punish for contempt.[1]
Editor's Note: Original Sec. 30-28, Filing fees for complaints, which immediately followed this section, was repealed 11-19-2013 by Ord. No. 2013-02.
Upon proper designation, the Municipal Clerk may accept fines and remittances through the Municipal Court on behalf of the City.
The elective officers of the City shall include a Municipal Judge. The Municipal Judge shall be elected for a term of four years. The City Council may fill any vacancy by appointment of the Municipal Judge to serve until the next regular municipal election.
The Municipal Judge:
Must be a citizen of the United States.
Shall be a legal resident of the state and a qualified elector therein.
Shall be a resident of the City.
[Added 9-24-1985 by Ord. No. 394]
Beginning when the Municipal Judge takes office in the year 1986, the Municipal Judge shall be paid a salary equal to a full-time state magistrate judge, as established from time to time by the State Legislature.
The Municipal Judge shall undergo annual training, as required by NMSA 1978 § 35-14-10, unless exempted by the Chief Justice of the State Supreme Court, as a prerequisite to drawing his salary.
The Municipal Judge shall also be the administrator of the Municipal Court, and shall be responsible for establishing an effective and efficient court system. The Municipal Judge shall serve on a full-time basis and shall have no other employment which would conflict with his duties as Municipal Judge.
Additional duties of the office of Municipal Judge shall be to:
Coordinate and work with community alcoholism programs as they relate to the Municipal Court.
Coordinate and work with employee assistance programs.
As provided in Article VI, § 18, of the State Constitution, the Municipal Judge shall not, except by consent of all parties, sit in any cause in which either of the parties are related to him by affinity or consanguinity within the degree of first cousin, or in which he was counsel or in which he has an interest.
The Municipal Judge shall make monthly written reports to the City Council of all money collected by him. The reports shall be filed and the money collected paid to the City not later than the 10th day of the month following collection.
All required 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.
Notice required. Whenever the Municipal Judge determines that he will be temporarily unable to perform the duties of municipal judge, whether by reason of recusal or disqualification, absence, sickness or other incapacity, he shall appoint in advance of the event a temporary Municipal Judge to serve during his temporary absence. For the purposes of this subsection, the word "appointment" shall mean the Municipal Judge's designation of a temporary judge by actual notice to the temporary judge by written notice filed with the Clerk of the Court. Written notice shall indicate the name of the temporary judge, the reason for the appointment and the anticipated duration of the appointment. The appointment shall automatically cease when the Municipal Judge returns to his duties.
Appointment by City Council. If the Municipal Judge becomes unable or unavailable to perform the duties of Municipal Judge and has failed to appoint a temporary judge, the City Council shall appoint a temporary judge, who shall serve until the regular Municipal Judge returns to his duties. If the City Council declares a vacancy in the office of Municipal Judge due to the death, removal, resignation or other circumstance causing a vacancy, as provided by NMSA 1978 § 10-3-1, it may appoint a temporary judge to serve until a successor Municipal Judge has been duly appointed by the City Council pursuant to NMSA 1978 § 35-14-4.
Qualifications. The temporary Municipal Judge shall be a registered qualified elector of the City, and shall reside within the corporate limits of the City.
Oath of office. Before assuming the duties of temporary judge, the temporary Municipal Judge shall take the oath of office as required by NMSA 1978 § 3-10-2. Once a qualified elector has taken the oath of office as temporary judge, he shall not be required to repeat the oath on subsequent appointments. Upon taking the oath of office, the temporary Municipal Judge shall be covered by the corporate surety bond covering all municipal officials.
Salary. The Interim Municipal Judge shall be paid the same amount as the regular Municipal Judge. Such sum shall be paid out of the general fund of the municipality.
[Amended 8-6-2002 by Ord. No. 2002-08]
Administrative duties. The requirements of law relating to money collected, monthly reports, itemized statements and penalties shall apply to the temporary Municipal Judge.