[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.
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 is entitled to vacation, sick leave, holidays, and all employee benefits granted other municipal employees.
The salary of the Municipal Judge of the City of Las Vegas, New Mexico, is as follows:
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]
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.
From the effective date of this section, the duties of the Municipal Judge shall be increased as follows:
The Municipal Judge will develop, establish, direct and administer:
A Probation Control Division:
For control and supervision of defendants sentenced by the Court and as an alternative to incarceration.
Devise a work-related program for defendants with community nonprofit organizations.
Expand a current pilot work release program for Municipal Court defendants.
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.
Enhance and expand the current pilot program of work-related activity for:
The Municipal Judge will seek any and all other alternatives to incarceration:
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.
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.
Establish and direct a junior traffic offenders/violators educational program:
The program's objective will be to prevent repeat offenses of traffic ordinances by juveniles under 18 years of age.
The program of education will provide instruction and information of motor vehicle laws.
The program shall attempt to enhance the understanding of motor vehicle laws and their purpose by violators.
A portion of the program will involve safety as well as alcohol and drug related issues involving the safe operation of a motor vehicle.
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.