ARTICLE IV

ARTICLE IV
MUNICIPAL JUDGE

4.01 Creation; Power; Duties.

A. Following the adoption of this Charter there shall be one municipal judge; however, in accordance with Section 35-14-4 NMSA 1978, additional judges may be elected if the Governing Body determines that the workload of the Municipal Court requires more than one judge, and enacts an ordinance creating one or more additional elective Offices of Municipal Judge.

B. The municipal judge:

(1) Shall constitute the judicial branch of the City government;

(2) Shall be entitled to exercise all of the powers and duties of office as are authorized by the Constitution and laws of the State of New Mexico;

(3) Shall have jurisdiction over all offenses and complaints under the ordinances of the City; and

(4) May issue subpoenas, warrants and punishment for contempt.

(5) Shall prepare and submit the annual budget and capital program for the judicial branch to the governing body by February 15 each year, and shall present such budget and capital program to the governing body as part of their annual budget review process. The municipal judge shall have authority in allocation of budget and personnel wherein the judicial branch is affected.

(Section 4.01.B.5. added at Special Election on March 1, 2016 as Proposition 41)

4.02 Qualifications.

A. No person shall serve as municipal judge unless that person possesses the qualifications required by law and enumerated in this section.

B. The municipal judge shall:

(1) Be a qualified elector of the City of Rio Rancho.

(2) Possess all of the aforementioned qualifications during the municipal judge’s entire term of office.

(Section 4.02 amended at Special Election on March 5, 1996 as Proposition 5)

4.03 Term of Office and Salary.

The term of Office of the Municipal Judge shall be for a period of four years. The municipal judge shall remain in office until the municipal judge’s successor is elected and qualified. The salary of the municipal judge shall be established by ordinance.

4.04 Removal; Forfeiture of Office.

The municipal judge may be removed from office as provided under the laws of the State of New Mexico.

4.05 Vacancy in the Office of Municipal Judge.

A. In the event of a temporary vacancy in the Office of the Municipal Judge, the municipal judge shall appoint a qualified person to act as temporary or alternate municipal judge, subject to confirmation by the Governing Body.

B. The process of appointing a temporary or alternate municipal judge shall be governed by Section 3.02.B – E of this Charter, except that the municipal judge shall perform the appointive powers granted to the mayor in Section 3.02.B – E.

C. In the event the municipal judge dies, resigns, no longer is qualified for office or is removed from office, the Governing Body shall declare the office vacant.

D. This vacancy shall be filled by the Governing Body, as follows:

(1) Within forty-five days of the vacancy, the mayor shall appoint a qualified successor to fill the vacancy, subject to confirmation by the Governing Body as provided in Section 3.02, who shall serve until the next regular municipal election.

(2) If the municipal judge’s term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of Office of the Municipal Judge shall be held concurrent with the next regular municipal election. If the municipal judge’s term of office has not expired at the next regular municipal election following the vacancy, and a special election for the remaining term of Office of the Municipal Judge cannot be legally held concurrent with the next regular municipal election, then a special election shall be held as soon as possible after the next regular municipal election.