A. All money collected by a magistrate court in connection with civil and criminal actions is public money of the state held in trust by the magistrate until received by the administrative office of the courts or disbursed in accordance with law. Public money shall not be commingled with personal funds of the magistrate or any other funds.
B. Every magistrate court shall open a special trust fund checking account in a convenient bank insured by the federal deposit insurance corporation, shall deposit all public money into the account within four banking days after its receipt and shall make all remittances to the administrative office, as required by law, by check on this account.
C. Any magistrate who violates any provision of this section, or who is the maker of a check representing an amount required by law to be remitted to the administrative office, which check is not honored by the bank upon which it is drawn when first presented for payment for reason of lack of funds, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than one year, or both. Any conviction under this section operates as an automatic removal from office and forfeiture of the right to hold any public office for a period of four years from the date of conviction.
History: 1953 Comp., § 36-9-5, enacted by Laws 1968, ch. 62, § 100; 1979, ch. 160, § 3.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-9-5, 1953 Comp., relating to oath to complaint, effective January 1, 1969.
Cross references. — For audit of accounts, see 12-6-1 NMSA 1978.
County retention of penalty assessments. — A county did not have the power to alter the comprehensive funding and allocation system of the magistrate court and, therefore, did not have the authority to retain collected penalty assessments for violations of its traffic ordinances. Board of Comm'rs v. Greacen, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 C.J.S. Justices of the Peace § 9.