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.
ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a police judge, providing for statements and the filling of vacancies.
Constitutionality of section. — This section on its face is not discriminatory and does not present an equal protection problem since New Mexico's scheme does not establish classes of municipalities, some of which must have attorney judges and other which do not, and once a New Mexican municipality has determined the minimum educational and other qualifications for its municipal court judges, all defendants in that municipality are tried by judges that have met these qualifications, so that at the individual municipal court level there is equal treatment for all defendants with respect to the judges having satisfied the same qualifications. Furthermore, in New Mexico there exists an ameliorative feature which insures that if defendants tried before a nonattorney municipal judge want to have an attorney judge, then after trial, or upon a nolo contendere or a guilty plea, they could seek an immediate trial de novo in district court before an attorney judge. Tsiosdia v. Rainaldi, 1976-NMSC-011, 89 N.M. 70, 547 P.2d 553.
Holding of other office permissible. — It is permissible for a police judge to also hold a job in the town administration as traffic violations bureau director, and it is permissible for him to draw compensation for said added duty. 1958 Op. Att'y Gen. No. 58-221 (rendered under former law).
Remuneration of municipal judge generally. — Until such time as a valid ordinance provides for his salary, a municipality may not legally pay remuneration to its magistrate although it may reimburse the judge for his legitimate expenses. 1969 Op. Att'y Gen. No. 69-129.
Municipal judge is public officer for purposes of N.M. Const., art. IV, § 27. 1979 Op. Att'y Gen. No. 79-27.
Effect of arrests and convictions on salary. — Section 66-8-137 NMSA 1978 provides that a municipal magistrate's salary cannot depend upon arrests and convictions for violations under the Motor Vehicle Code (66-1-1 NMSA 1978 et seq.). 1969 Op. Att'y Gen. No. 69-129.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 11.
48A C.J.S. Judges § 1 et seq.