[HISTORY: Adopted by the Mayor and Council of the City of
Española as Ch. 30 of the Code of Ordinances. Amendments noted
where applicable.]
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]
[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which immediately followed this section, was repealed 11-19-2013 by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:
[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.
A.
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.
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.
A.
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.
B.
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.
C.
Qualifications. The temporary Municipal Judge shall be a registered
qualified elector of the City, and shall reside within the corporate
limits of the City.
D.
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.
E.
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]
F.
Administrative duties. The requirements of law relating to money
collected, monthly reports, itemized statements and penalties shall
apply to the temporary Municipal Judge.
