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;
(2) impose no fine or sentence greater than that permitted for municipalities;
(3) remit monthly to the state the court automation and judicial education fees collected pursuant to Subsection B of Section 35-14-11 NMSA 1978 as a result of enforcement of municipal ordinances; and
(4) remit monthly to the municipality the corrections fee collected pursuant to Subsection B of Section 35-14-11 NMSA 1978 as a result of the enforcement of municipal ordinances.
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.
History: 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.
ANNOTATIONSCross references. — For classification of counties, see 4-44-1 and 4-44-3 NMSA 1978.
For Rules of Procedure for the Municipal Courts, see Rule 8-101 NMRA et seq.
The 2019 amendment, effective June 14, 2019, revised procedures regarding the designation by a municipality of the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances, provided procedures to re-establish the municipal court as the court having jurisdiction over municipal ordinances, and specified certain court-imposed fees to be remitted to the state; in Subsection A, after "pursuant to Subsection" deleted "B" and added "D"; added new Subsections B through D and redesignated former Subsections B and C as Subsection E and F, respectively; in Subsection E, in the introductory paragraph, deleted "The governing body of a municipality with a population of one thousand five hundred persons or less in the last federal decennial census may designate the magistrate court of the county in which the municipality is located as the court having jurisdiction over municipal ordinances. The designation shall be by adopted ordinance which shall not be effective until the expiration of the term of any incumbent municipal judge.", and after "date of an ordinance", added "adopted pursuant to Subsection D of this section"; in Subsection F, in the introductory clause, after "Subsection", deleted "B" and added "D", in Paragraph F(3), after "to the state", deleted "all funds" and added "the court automation and judicial education fees", after "collected", added "pursuant to Subsection B of Section 35-14-11 NMSA 1978", and added Paragraph F(4); and added Subsection G.
The 1993 amendment, effective June 18, 1993, substituted "one thousand five hundred" for "five hundred" near the beginning of Subsection B.
When judgment may be vacated. — A police magistrate court does not have authority to vacate a judgment rendered by it in the course of its jurisdiction, absent any question of fraud practiced on said court. 1958 Op. Att'y Gen. No. 58-03 (rendered under former law).
Validity of ordinance regulating officeholding. — A municipal ordinance which provides that a municipal judge shall not hold any other state, county, city or precinct office or position is valid. 1962 Op. Att'y Gen. No. 62-106 (rendered under former law).
Offices not incompatible. — The office of a municipal magistrate is not incompatible with that of the city clerk under 3-12-4 NMSA 1978. There is no inconsistency of function, no subordination and no interference as long as the clerk is not charged with enforcing any municipal ordinance. If either office is full time, however, a physical incompatibility exists. 1967 Op. Att'y Gen. No. 67-74.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 12.
21 C.J.S. Courts § 93 et seq.