City of Las Vegas, NM Article IV MUNICIPAL COURT

Section 4.01. Creation, Power and Duties.

Section 4.02. Qualifications.

Section 4.03. Term of Office and Compensation.

Section 4.04. Removal.

Section 4.05. Temporary Absence and Vacancy in Office.

Section 4.01 Creation, Power and Duties.

A. Following the adoption of this Charter there shall be one (1) municipal judge.

B. The municipal judge:

(1) Shall constitute the judicial branch of the City government;

(2) Shall be entitled to exercise all of the powers and duties of office as are authorized by the Constitution and laws of the State of New Mexico.

(3) Shall have jurisdiction over all offenses and complaints under the ordinances of the City; and

(4) May issue subpoenas, warrants and punishment for contempt.

Section 4.02 Qualifications.

The municipal judge shall:

A. Be a qualified elector of the City of Las Vegas, reside within the city limits, and be a registered voter within the city limits no later than ninety (90) days prior to the election.

B. Possess all of the aforementioned qualifications during the municipal judge's entire term of office.

Section 4.03 Term of Office and Compensation.

The term of Office of the Municipal Judge shall be for a period of four (4) years, commencing with the regular municipal election of 2014. The municipal judge shall remain in office until the municipal judge's successor is elected and has taken office. The salary of the municipal judge shall be established by ordinance.

Section 4.04 Removal.

The municipal judge may be removed from office as provided under the laws of the State of New Mexico.

Section 4.05 Temporary Absence and Vacancy in Office.

A. Recusal of judge. In the event that the Municipal Judge recuses himself from presiding over any given case, or is excused by order of the district court, he shall notify the Mayor, who shall appoint an alternate judge to preside over said case. The appointment shall not require Council approval.

B. Temporary absence. In the event of temporary absence of the Municipal Judge, other than by recusal, the Mayor shall appoint a qualified person to act as temporary or alternate Municipal Judge, subject to confirmation by the Governing Body.

C. Vacancy in Office.

(1) In the event the Municipal Judge dies, resigns, is no longer qualified to serve, or is removed from office, the Governing Body shall declare the office vacant.

(2) Within thirty (30) days of the vacancy, the Mayor shall appoint a qualified successor to fill the vacancy, subject to approval of the Council. The temporary Municipal Judge shall perform the functions of the office pending appointment and confirmation of a successor Municipal Judge.

(3) If the term of office will expire at the next regular Municipal Election, the person appointed to the office shall serve until said election.

(4) If the term of office will not expire at the next regular Municipal Election, a Special Election shall be held concurrently with the next regular Municipal Election, or as soon thereafter as possible, to fill the remaining unexpired term of office.