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.
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.