Section 35-14-5 – Temporary incapacity or absence of a municipal judge.
Any registered voter of a municipality in which a municipal judge is incapacitated or absent may be appointed to the office of the municipal judge during his temporary incapacity or absence, and he shall hear and determine cases arising under municipal ordinances while sitting as municipal judge. The governing body may establish a procedure by […]
Section 35-14-6 – Duties of temporary municipal judge.
The requirements of law relating to money collected, monthly reports, itemized statements and penalties apply to temporary municipal judges. History: 1953 Comp., § 37-1-6, enacted by Laws 1961, ch. 208, § 6. ANNOTATIONS Repeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police […]
Section 35-12-19 – Garnishment; district court; magistrate court; small claims court.
Garnishment may be issued in the district court, magistrate court or small claims court. Sections 35-12-1 through 35-12-18 NMSA 1978 apply to the issuance of garnishment in the district court, magistrate court or small claims court; provided, however, that in the event the district court has jurisdiction, the district court clerk may issue the writ […]
Section 35-13-1 – Appeals; right of appeal.
Any party aggrieved by any judgment rendered or final order issued by the magistrate court in any civil action or special statutory proceeding, or the defendant aggrieved by any judgment rendered or final order issued by the magistrate court in any criminal action, may appeal to the district court within fifteen days after judgment is […]
Section 35-13-2 – Appeals; district court proceedings; docket fees; judgment.
A. Appeals from the magistrate courts shall be tried de novo in the district court. B. The district court docket fee in any criminal appeal is thirty-five dollars ($35.00), ten dollars ($10.00) of which shall be deposited in the court automation fund. C. If the judgment of the magistrate court in a criminal action is […]
Section 35-13-3 – Appeals; amendments on trial de novo.
Upon trial de novo in the district court upon appeal from the magistrate court, the district court shall allow all amendments necessary to the furtherance of justice. History: 1953 Comp., § 36-15-4, enacted by Laws 1968, ch. 62, § 151. ANNOTATIONS Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-15-1 to 36-15-4, 1953 […]
Section 35-14-1 – Municipal court; creation.
A. Except for municipalities with a population of fewer than two thousand five hundred or more than five thousand persons in the most recent federal decennial census lying within the boundaries of a class A county with a population of more than two hundred thousand persons in the most recent federal decennial census and municipalities […]
Section 35-14-2 – Jurisdiction.
A. Each municipal court has jurisdiction over all offenses and complaints under ordinances of the municipality and may issue subpoenas and warrants and punish for contempt. B. Upon written agreement between the board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico and the governing […]
Section 35-14-3 – Judges; qualifications; bond; salary.
The qualifications of municipal judges, bond required and salary received shall be provided by ordinance of the municipality. History: 1953 Comp., § 37-1-3, enacted by Laws 1961, ch. 208, § 3. ANNOTATIONS Repeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court […]
Section 35-14-4 – Election; term; vacancy.
A. Municipal judges shall be elected, for terms of four years, at a regular municipal election. B. In municipalities with a population of thirty thousand persons or more, additional judges may be elected if the municipal governing body determines the workload of the court requires more than one judge. Municipalities with a population of less […]