[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms as Sec. 6-2 of the 1980 Code. Amendments noted where
applicable.]
The Municipal Judge shall be elected for a four-year term. Vacancies
shall be filled by the Village Council, by appointment to serve until
the next regular municipal election.
The Municipal Judge shall be a qualified elector residing within
the limits of the municipality. No person is eligible for election
or appointment to the office of Municipal Judge unless such person
shall have graduated from high school or has obtained the equivalent
of a high school education as indicated by possession of a certificate
of equivalency issued by the State Department of Public Education
based upon the record made on the General Education Development Test.
Before assuming the duties of municipal judge, the judge shall
take the oath of office as required by NMSA 1978, § 3-10-2.
Upon taking the oath of office, said judge shall be covered by the
corporate surety bond covering all municipal officials.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
A.
Appointment and duties of alternate municipal judges.
(1)
Duties.
(a)
Whenever the Municipal Judge determines that he will be, for
any reason, temporarily unable or unavailable to perform the duties
of Municipal Judge, his duties shall be performed by an alternate
municipal judge until such time as the Municipal Judge is able and
available to perform his duties.
(b)
The requirements of law relating to money collected, monthly
reports, itemized statements and penalties shall apply to alternate
municipal judges.
(2)
Process of naming alternate municipal judges.
(a)
The alternate municipal judge shall be qualified to serve in this capacity consistent with the provisions of § 6-2-2.
(b)
One or more alternate municipal judges shall be selected by
the Municipal Judge. Upon selection by the Municipal Judge, the alternate
municipal judge shall be administered the oath of office by the Municipal
Judge and shall perform such duties as are assigned to him by the
Municipal Judge and that are consistent with this Section 6-2.
(c)
Should the Municipal Judge fail to select an alternate municipal
judge within 60 days of a vacancy occurring in the office of alternate
municipal judge, the Mayor, or in his absence, the Mayor Pro Tem,
may nominate a person to serve as alternate municipal judge. Such
a nomination requires confirmation by a majority vote of the governing
body prior to that person acting as an alternate municipal judge.
(d)
Should an emergency arise in which the Municipal Judge has failed
to select an alternate municipal judge and the Municipal Judge is
unable to serve in his capacity as Municipal Judge, the Mayor of the
Village shall appoint a qualified person to serve as Municipal Judge.
Such appointment shall be subject to ratification by a majority vote
of the governing body.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
(3)
Removal of alternate municipal judge. The alternate municipal judge,
whether appointed by the Municipal Judge or by the governing body,
serves at the discretion of the Municipal Judge and may be removed
for any reason, or for no reason, by the Municipal Judge. Should the
Municipal Judge be unable to remove the alternate municipal judge
by virtue of the Municipal Judge's own unavailability, the alternate
municipal judge may be removed upon majority vote of the governing
body.
(4)
Term. The alternate municipal judge shall serve for a term coextensive
with that of the Municipal Judge.
B.
Vacancies in the office of Municipal Judge. If the governing body declares a vacancy in the office of Municipal Judge pursuant to the provisions of NMSA 1978, § 10-3-1, it may appoint an alternate municipal judge to serve until a successor Municipal Judge has been duly appointed by the governing body pursuant to NMSA 1978, 35-14-4.
C.
Qualifications of alternate municipal judge. The alternate municipal
judge shall be a registered, qualified elector of the Village of Bosque
Farms and shall reside within the corporate limits of the Village
of Bosque Farms. No person is eligible for appointment to the office
of alternate municipal judge unless he or she shall have been graduated
from high school or has obtained the equivalent of a high school education
as indicated by possession of a certificate of equivalency issued
by the New Mexico Department of Education based upon the record made
on the General Education Development Test.[2]
D.
Payment of alternate municipal judge.
(1)
The alternate municipal judge shall be paid the sum of $35 for all
settings, except those occasions in which the elected Municipal Judge
is unable to serve as the Municipal Judge for a period exceeding 15
consecutive days.
(2)
In the event that the elected Municipal Judge shall be incapable of serving as the Municipal Judge for a period of 15 consecutive days due to medical reasons, and for a period of no more than 60 days in any calendar year, instead of the payments made in Subsection D(1) hereof, the alternate municipal judge shall be paid as follows: for the first 60 days following the 15th day of the absence of the elected Municipal Judge, the alternate municipal judge shall be paid the sum of $25 for settings which involve solely the performance of arraignments, $50 for "day court," including such time spent on arraignments or for special settings, and $75 for "night court," including such time spent on arraignments. The maximum amount that an alternate municipal judge may receive as payment for services rendered to the Village during that sixty-day period is $100 per week, notwithstanding the number of settings at which the alternate municipal judge may preside or the aggregate amount of payments to which the alternate municipal judge might otherwise be entitled. For any time thereafter during which the elected Municipal Judge is incapable of serving, the alternate municipal judge will be paid as set forth in Subsection D(1) hereof.
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 Village, 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 the office and
grounds for removal.
The Municipal Judge shall make monthly written reports to the
governing body of all money collected by him. The reports shall be
filed and the money collected paid to the municipality not later than
the 10th 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 date
of payment.
In addition to those duties set forth in the laws of the State
of New Mexico, the Municipal Judge shall hold court at regularly scheduled
times with a frequency of at least twice a month. The Municipal Judge
shall be available at all reasonable hours for the issuance of warrants
and summons.
The Municipal Court shall have jurisdiction over all offenses
and complaints under ordinance of the municipality and may issue subpoenas
and warrants and may punish for contempt.
Any Municipal Judge violating any provision relating to making
reports or remitting money collected is guilty of a misdemeanor and
shall be fined not more than $500 or imprisoned not more than 90 days,
or both.
The salary for the Municipal Judge shall be $375 per month.
