There is hereby established a Municipal Court of the Town of Tatum, which shall be known as the "Municipal Court of the Town of Tatum."
[HISTORY: Adopted by the Town Council of the Town of Tatum as Ch. 4 of the 1984 Code. Amendments noted where applicable.]
The Municipal Court of the Town of Tatum has exclusive, original jurisdiction over all offenses and complaints under the Code or ordinances of the Town of Tatum and may issue subpoenas and warrants and may punish for contempt. The court shall be located at quarters provided by the governing body and shall be presided over by the Municipal Judge.
A.
Election. The Municipal Judge shall be elected for a term of four years at every regular municipal election.
B.
Qualifications. The Municipal Judge shall be a registered elector of the Town of Tatum.
C.
Bond and oath. The Municipal Judge shall, before he/she enters the duties of office, if no corporate surety bond covering all municipal officials exists, execute a surety bond to the Town of Tatum in the amount of $5,000, conditioned upon faithful performance of his/her duties in the paying over to the Town of Tatum of all fines, forfeited bonds and other money which comes into his/her hands by virtue of his/her office.
A.
The Town of Tatum Council and elected Municipal Judge may come together and appoint an alternate judge during the temporary incapacity or absence of the elected Municipal Judge, and he/she shall hear and determine cases arising under municipal ordinances while sitting as temporary Municipal Judge.
B.
Duties. The requirements of law relating to money collected, monthly reports, itemized statements and penalties apply to the temporary Municipal Judge.
A.
The Municipal Judge shall make monthly written reports to the governing body of all money collected by him/her. The reports shall be filed and the collected money paid to the municipality not later than the 10th day of the month following collection.
B.
Itemized statement. 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.
C.
Penalty. Violation by the Municipal Judge of any provisions relating to making reports or remitting money collected shall be deemed a misdemeanor.
All appearance bonds accepted for Municipal Court will be immediately deposited with the Town Clerk-Treasurer, who will issue a receipt on the general account. On all bonds refunded, the Town Clerk-Treasurer will issue a voucher and check on the general fund when notified by the Municipal Judge in writing to refund the bond.
The Municipal Judge shall establish rules of procedure which are necessary for the purpose of officially carrying out the provisions of the ordinances of the Town of Tatum and for the proper administration of justice. Said rules shall not be inconsistent with the applicable statutes of the State of New Mexico or the ordinances of the Town of Tatum.
The Municipal Judge shall, before proceeding to try any person for violation of any ordinance of the Town of Tatum, cause a complaint to be made, a warrant issued to arrest said person and a return to be made on said warrant.
All cases tried before the Municipal Judge shall be docketed in the name of the Town of Tatum against the defendant, and the Municipal Judge shall enter on said docket in a plain and intelligent manner an account of each step taken in such case and of particular fines assessed in same.
Judgment shall be entered in each and every case of guilty, nolo contendere or not guilty of the offense charged, and by said judgment a defendant shall be discharged, fined and imprisoned, or fined as the case may be. Where a judgment of guilty shall be entered in any case before him/her requiring confinement in the county jail, the Municipal Judge shall issue a commitment against the defendant commanding the Chief of Police of the Town of Tatum to commit the defendant to the county jail, all in accordance with the terms of the judgment and ordinances of the Town of Tatum.
Whenever in this Code or any other ordinance or resolution of the municipality or any rule or regulation promulgated under the provisions of this Code any act is prohibited or declared to be unlawful or any offense or misdemeanor or the doing of any act required or failure to do any act is declared to be unlawful or an offense or a misdemeanor and a specific penalty is provided therefor, any person convicted of the violation of any such provision of this Code or other ordinance or resolution of this Code or other ordinance or resolution shall be punished in accordance with state law. Every day any violation of this Code or any other ordinance or resolution promulgated under the provisions of this Code continues shall constitute a separate offense.