Chapter 2.25
MUNICIPAL COURT
Sections:
2.25.030 Qualifications for municipal judge.
2.25.060 Vacancies, appointment to.
2.25.070 Temporary incapacity or absence of municipal judge.
2.25.080 Monthly report to the village clerk-administrator – Payments to the village treasurer.
2.25.110 Personnel and finances.
2.25.010 Municipal court.
There is hereby created a municipal court in the Village of Cimarron, New Mexico, to be presided over by a municipal judge as hereafter provided. [Ord. 261 § 1, 2012].
2.25.020 Jurisdiction.
Such municipal court shall have jurisdiction over all offenses and complaints arising under the ordinances and laws of the Village of Cimarron, New Mexico, and shall have power to issue subpoenas and warrants and the power to punish for contempt. [Ord. 261 § 2, 2012].
2.25.030 Qualifications for municipal judge.
The municipal judge shall be bona fide resident of the Village of Cimarron, New Mexico, and shall be a qualified elector as provided by the laws of the state of New Mexico, and shall before qualifying, take and subscribe an oath or affirmation in writing to support the Constitutions of the United States of America and the state of New Mexico and to impartially discharge and perform all duties of such office to the best of his or her ability, which oath of office shall be filed in the office of the village clerk-administrator. [Ord. 261 § 3, 2012].
2.25.040 Election.
A municipal judge shall be elected for a term of four years, and shall be elected at the regular Village elections. Any qualified person, as provided herein, may have his or her name placed upon an official ballot by filing with the village clerk-administrator a notarized declaration of his or her candidacy as provided in the election laws of the state of New Mexico and the election laws of the Village of Cimarron. The official ballot shall be provided by the Village, and the candidate receiving the highest number of votes cast by qualified electors at any election for municipal judge shall be declared elected to office. The municipal judge holding office at the time of the adoption of the ordinance codified in this chapter shall remain in office as municipal judge until the expiration of his or her present term. [Ord. 261 § 4, 2012].
2.25.050 Salary.
The monthly salary for the municipal judge shall be determined by the governing body of the Village of Cimarron for a minimum of 20 hours per month, to be paid on the first pay period of the month following the month the duties are performed. [Ord. 261 § 5, 2012].
2.25.060 Vacancies, appointment to.
If a vacancy occurs during the term of the municipal judge, the mayor of the Village of Cimarron, subject to the approval of the governing body, may appoint a duly qualified citizen as herein provided to fill such vacancy until the next regular Village election. [Ord. 261 § 6, 2012].
2.25.070 Temporary incapacity or absence of municipal judge.
In the event of a temporary incapacity or absence of a duly elected or appointed municipal judge, the alternate municipal judge shall perform the duties of the municipal judge. [Ord. 261 § 7, 2012].
2.25.080 Monthly report to the village clerk-administrator – Payments to the village treasurer.
The municipal judge shall make monthly written report to the village clerk-administrator on forms to be provided by the Village of all monies collected by the municipal court, and such report shall be filed on or before the tenth day of each month following the month in which said funds were collected, and the funds shall be deposited into the Village of Cimarron general fund or lawfully designated fund as they are collected by the municipal court. Further, such reports shall include an itemized statement showing the different amounts so collected, the name of the person, insofar as possible, from whom such money was recovered, and the date such payments were made to the court. The report shall further set forth the manner, terms, and disposition of all cases. Pursuant to Section 35-14-9 NMSA 1978:
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 ($200.00) or imprisoned not more than ninety days, or both.
[Ord. 261 § 8, 2012].
2.25.090 Rules of procedures.
The municipal judge shall follow the applicable rules of procedure as established in “Court Rules, Procedure and Evidence,” Judicial Volume I, NMSA 1978. [Ord. 261 § 9, 2012].
2.25.100 Court hours.
The municipal judge shall establish the court hours as needed. Additional sessions shall be held at the discretion of the judge. Regularly scheduled court sessions may be canceled with cause. All affected parties must be notified by the judge or his/her designee. [Ord. 261 § 10, 2012].
2.25.110 Personnel and finances.
All personnel of the municipal court shall be employed by the Village as recommended by the municipal court judge and any appropriation for the court shall be controlled and budgeted for in the same manner as any other Village department. [Ord. 261 § 11, 2012].