Municipal Courts

NMSA 1978 ch. 35, art. 14

in effect

NMSA 1978, § 35-14-1 Municipal court; creation

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 that have adopted an effective ordinance pursuant to Subsection D of this section, there is established a municipal court in each incorporated municipality. The municipal courts shall be presided over by municipal judges. As used in Chapter 35, Articles 14 and 15 NMSA 1978, "municipality" includes H class counties. B. The governing body of a municipality that is not governed by home rule, territorial or special charter and having a population fewer than ten thousand persons in the most recent federal decennial census, where the municipal court is located twenty-five or fewer miles from the nearest magistrate court, may by resolution express its intent to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances. Within fifteen days from the adoption of a resolution pursuant to this section, the governing body of the municipality shall create a "municipal ordinance jurisdiction advisory committee". The municipal ordinance jurisdiction advisory committee shall be composed of the following members, who shall be residents of the municipality: (1) the mayor; (2) a member of the governing body; (3) a municipal judge; (4) the chief of police; and (5) three members of the public, each selected by the mayor, the governing body and the municipal judge. C. A municipal ordinance jurisdiction advisory committee shall: (1) hold at least one public hearing on the question of designating the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances; (2) hear testimony from all interested persons, including the mayor, the governing body and the municipal judge; and (3) submit a report, including recommendations directly to the governing body of the municipality, with copies to the mayor and municipal judge. D. Following receipt of a report from the municipal ordinance jurisdiction advisory committee, the governing body of a municipality may, subject to approval by the supreme court, adopt an ordinance upon a three-fourths' majority vote to designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances. An ordinance adopted shall become effective only upon supreme court approval and the expiration of the term of the municipal judge in office on the date of the supreme court's approval of the ordinance. E. Within five days after the effective date of an ordinance adopted pursuant to Subsection D of this section, the governing body of the municipality shall: (1) forward a copy of the ordinance to the magistrate court and to the administrative office of the courts; and (2) provide to the magistrate court copies of all municipal ordinances over which the magistrate court will have jurisdiction. F. A magistrate court designated pursuant to Subsection D of this section shall, with respect to ordinances of the municipality: (1) follow the rules of procedure for the municipal courts and the procedures provided by Chapter 35, Article 15 NMSA 1978; and (2) impose no fine or sentence greater than that permitted for municipalities. G. Any municipality that has passed an ordinance designating the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances may re-establish the municipal court as the court having jurisdiction over municipal ordinances through the following procedures: (1) the governing body of the municipality may pass an ordinance rescinding the designation that was made pursuant to Subsection B of this section; or (2) following receipt of a petition signed by at least twenty percent of the registered voters who voted in the last municipal election for the office of mayor: (a) convene a municipal ordinance jurisdiction advisory committee pursuant to Subsection B of this section that shall make a report and recommendation, if any, to the governing body of the municipality; and (b) the governing body shall indicate its assent to re-establishment of the municipal court by ordinance. H. After July 1, 2024, no court shall assess post-adjudication fees previously authorized by statute and now repealed. 1953 Comp., § 37-1-1, enacted by Laws 1961, ch. 208, § 1; 1967, ch. 215, § 1; 1968, ch. 62, § 152; 1979, ch. 346, § 12; 1984, ch. 30, § 3; 1985, ch. 128, § 2; 1993, ch. 143, § 1; 2019, ch. 246, § 1; 2023, ch. 184, § 17.

NMSA 1978, § 35-14-2 Jurisdiction

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 body of a municipality contiguous to land under control of the board of regents or within which any portion of such land is located, the municipal court has jurisdiction over violations of campus traffic regulations adopted under Section 29-5-1 NMSA 1978 as to areas under control of the board of regents. Fines and forfeitures collected by the municipal court under campus traffic regulations may be credited to the state educational institution on whose campus the violation occurred. C. Upon written agreement between a post-secondary educational institution and the governing body of a municipality contiguous to land under control of the institution or within which any portion of such land is located, the municipal court has jurisdiction over violations of campus traffic regulations adopted pursuant to Section 29-5-4 NMSA 1978 as to areas under control of the institution. Fines and forfeitures collected by the municipal court for violations of campus traffic regulations may be credited to the municipality or to the post-secondary educational institution on whose campus the violation occurred. D. Each municipal court's personal jurisdiction extends to any defendant who has been properly served with criminal process of the court anywhere in the state if that criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs. 1953 Comp., § 37-1-2, enacted by Laws 1961, ch. 208, § 2; 1969, ch. 131, § 1; 1975, ch. 167, § 1; 1988, ch. 88, § 3; 2011, ch. 53, § 2.

NMSA 1978, § 35-14-3 Judges; qualifications; bond; salary

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. 1953 Comp., § 37-1-3, enacted by Laws 1961, ch. 208, § 3.

NMSA 1978, § 35-14-4 Election; term; vacancy

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 than thirty thousand persons shall have only one municipal judge. C. The governing body of any municipality may fill vacancies by appointment of a municipal judge to serve until the next regular municipal election. 1953 Comp., § 37-1-4, enacted by Laws 1961, ch. 208, § 4; 1967, ch. 215, § 2; 1973, ch. 208, § 2; 1993, ch. 222, § 1.

NMSA 1978, § 35-14-5 Temporary incapacity or absence of a municipal judge

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 ordinance for appointment. 1953 Comp., § 37-1-5, enacted by Laws 1961, ch. 208, § 5; 1973, ch. 88, § 1.

NMSA 1978, § 35-14-6 Duties of temporary municipal judge

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. 1953 Comp., § 37-1-6, enacted by Laws 1961, ch. 208, § 6.

NMSA 1978, § 35-14-7 Monthly reports and remittances

35-14-7. Monthly reports and remittances Each municipal judge shall make monthly written reports to the governing body of all money collected by him; provided he shall account separately for costs collected pursuant to Section 35-14-11 NMSA 1978 [repealed]. The reports shall be filed and the money collected shall be paid to the municipality not later than the tenth day of the month following collection. 1953 Comp., § 37-1-7, enacted by Laws 1961, ch. 208, § 7; 1983, ch. 134, § 5.

NMSA 1978, § 35-14-8 Itemized statement

35-14-8. 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. 1953 Comp., § 37-1-8, enacted by Laws 1961, ch. 208, § 8.

NMSA 1978, § 35-14-9 Penalty

35-14-9. Penalty 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 two hundred dollars ($200) or imprisoned not more than ninety days, or both. 1953 Comp., § 37-1-9, enacted by Laws 1961, ch. 208, § 9.

NMSA 1978, § 35-14-10 Municipal judges; training required

35-14-10. Municipal judges; training required Each municipal judge shall annually as a condition of discharging the duties of that office, successfully complete a judicial training program conducted under the authority, or with the approval of, the court administrator, unless exempted from this requirement by the chief justice of the supreme court. No municipal judge holding office after December 31, 1973 shall receive any salary until he has successfully completed, or been exempted from, the required judicial training program. 1953 Comp., § 37-1-10, enacted by Laws 1973, ch. 157, § 1.

NMSA 1978, § 35-14-12 Municipal courts; automation required

35-14-12. Municipal courts; automation required By July 1, 1996, each municipal court shall have the capability of providing on a timely basis electronic records in a format specified by the judicial information system council tracking convictions of violations of municipal ordinances prohibiting driving while under the influence of intoxicating liquor or drugs and prohibiting domestic violence. Laws 1993, ch. 67, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18535/index.doFetched: 10/20/2026