THE VILLAGE OF TAOS SKI VALLEY
ORDINANCE NO.
97-5
AN ORDINANCE
CREATING THE MUNICIPAL COURT AND ESTABLISHING ITS JURISDICTION; CREATING THE
OFFICE, QUALIFICATIONS AND COMPENSATION OR MUNICIPAL JUDGE; AND ESTABLISHING A
PROCEDURE FOR VIOLATIONS OF MUNICIPAL ORDINANCES.
BE IT ORDAINED
BY THE GOVERNING BODY OF THE VILLAGE OF TAOS SKI VALLEY:
ARTICLE I. GENERAL PROVISIONS
Section
1. Judicial Office Created.
There is hereby created a municipal
court in and for this municipality which shall be presided over by a municipal
judge.
Section
2. Qualifications.
A person shall be qualified to hold the
office of municipal judge if such person:
A. Is a qualified elector of the Village,
as defined in Section 3-1-2K NMSA 1978, as amended;
B. Has been awarded a high school diploma
or the equivalent thereof;
C. Has taken the oath of office after
having been issued a certificate of election or having been duly appointed to
fill a vacancy; and
D. Has furnished a surety bond as required
by this ordinance.
Section
3. Election.
The municipal judge shall be elected
for the term of four years and shall serve until his successor is duly elected
and qualified. The first election for
municipal judge shall occur at the next regular municipal election. The municipal judge shall be elected in the
manner provided by state law and the candidate for municipal judge receiving
the highest number of votes shall take office at the same time as other elected
municipal officers, upon meeting the qualification for the office.
Section
4. Vacancy In Office.
In the event that the office of
municipal judge becomes vacant, such vacancy shall be filled by the appointment
by the governing body of a person qualified to hold the office of municipal
judge. Such appointee shall hold office
until the next regular municipal election at which time a municipal judge shall
be elected for a four year term.
Section
5. Oath Of Office.
The municipal judge shall, prior to
taking office, take an oath of office in which the judge shall swear to uphold
the constitution and laws of the United States of America and the State of New
Mexico, and the ordinances of the municipality, and to faithfully and
impartially discharge and perform all of the duties of the office.
Section
6. Compensation.
Salary, benefits and amount of time to
be worked by the municipal judge shall be provided by ordinance adopted by the
governing body, which ordinance shall be adopted prior to the date of the
beginning of any term for which the municipal judge is elected or appointed to
serve. Compensation for the municipal
judge shall not be changed during the term to which the judge had been elected
or appointed to serve.
Section
7. Temporary Municipal Judge.
During the temporary incapacity or
absence of the municipal judge, under circumstances not tantamount to or
constituting a vacancy in office, including but not limited to vacations,
temporary absences, unavailability or incapacity, the municipal judge, before
absenting himself, shall select, or upon his failure to select, the mayor with
the advice and consent of the governing body, shall select a qualified person
to serve as temporary municipal judge.
Upon taking the oath of office, the temporary judge shall exercise all
powers and perform all the duties of the municipal judge until the return of
the municipal judge.
Section
8. Compensation For The Temporary
Municipal Judge.
During the temporary incapacity or
absence of the municipal judge, the temporary municipal judge shall be paid the
same compensation as is paid the municipal judge on a pro rata basis. Said compensation as is paid the temporary
municipal judge shall not be deducted from the authorized salary of the
municipal judge.
Section
9. General Duties.
The duties of the municipal judge shall
be to:
A. Insure the establishment of appropriate
judicial and administrative procedures for the efficient and effective
operation of the municipal court;
B. Hire and supervise court employees;
C. Prepare a budget for submission to the
Village Council; and
D. Adhere to the provisions of state law
and the rules of procedure for municipal courts.
Section
10. Reports and Remittances.
The municipal judge shall furnish
written reports to the Village Council of all moneys collected by the court, as
well as all past due, unpaid fines, not later than the tenth day of each
month. All moneys collected shall be
paid to the municipal treasurer at the time of filing the report. All reports shall include an itemized
statement showing the different amounts collected, the purpose of the
collection, the name of the person paying and the date of payment. An overall total is to be included. The same information shall be reported in a
separate report showing the different amounts of past due fines.
Section
11. Bond.
The municipal judge shall obtain and
execute a bond to the Village in the amount of five thousand dollars, which
shall be executed by the person proposing to qualify as municipal judge and a
surety company authorized to do business in the State of New Mexico. The premium for the bond shall be paid by
the municipality.
Section
12. Training Requirements.
The municipal judge shall annually, as
a condition of discharging the duties of the office and receiving the judge’s
salary, successfully complete a judicial training program conducted under the
authority or with the approval of the court administrator, unless exempted from
this requirement by the chief justice of the supreme court of the State of New
Mexico.
ARTICLE II. JURISDICTION
Section
13. Jurisdiction.
The municipal court shall have
jurisdiction over all offenses and complaints under the ordinances of the
municipality and may issue subpoenas and warrants and punish for contempt, and
the municipal court shall have jurisdiction over other matters as may be
authorized pursuant to state law.
Section
14. Initiation Of Proceedings.
A. All actions in municipal court must be
brought in the name of the municipality as plaintiff. However, one private party may cause an action to be brought
against another by filing a sworn complaint with the municipal police.
B. A defendant may be brought into
municipal court for trial by any of the following methods.
1. Arrest for violation of a municipal
ordinance committed in the presence of the arresting officer.
2. Arrest pursuant to a warrant based on
the sworn complaint of any person having reasonable grounds to believe the
defendant is guilty of violating a specified ordinance.
3. Citation or summons, in cases not
involving a breach of the peace.
4. Arrest pursuant to a warrant issued for
failure to appear to answer a citation or summons.
C. Any municipal court process may be
served, and any arrest for violation of a municipal ordinance may be made, by a
municipal police officer or by a constable or sheriff.
D. A complaint, citation, summons, or
affidavit in sufficient if it states the section number and title of the
ordinance violated without stating the section or ordinance in full.
Section
15. Sentencing.
A. The municipal judge may, upon entry of a
plea of guilty or judgement of conviction, impose in whole or in part, the
penalty prescribed in the ordinance relating to the offense, or the judge may,
unless otherwise specifically stated:
1. Suspend in whole or in part the
execution of sentence; or
2. Place the defendant on probation for a
period not exceeding one (1) year on terms and conditions the court deems best;
or
3. Both of the above.
B. Nothing in this section shall prevent
the governing body from enacting an ordinance imposing a mandatory minimum
sentence that shall not be suspended, deferred or taken under advisement.
C. The suspension of the execution of the
sentence, or probation, or both, shall be granted only when the municipal judge
is satisfied it will serve the ends of justice and of the public, and that the
defendant’s liability for any fine or other punishment is fully discharged upon
successful completion of the terms and conditions of probation.
D. The municipal court may, as a condition
of probation, require the defendant to serve a period of time in volunteer
labor to be known as community service.
The type of labor and period of service shall be at the sole discretion
of the court; provided, that any person receiving community service shall be
immune from any civil liability other than gross negligence arising out of the
community service, and any person who performs community service pursuant to
court order or any criminal diversion program shall not be entitled to any
wages, shall not be considered an employee for any purpose, and shall not be
entitled to workmen’s compensation, unemployment benefits or any other benefits
otherwise provided by law. As used in
this section, “community service” means any labor that benefits the public at
large or any public, charitable or educational entity or institution.
Section
16. Installment Payment Of Fines.
A. Any person sentenced to pay a fine,
either in addition to or without a term of imprisonment, may, in the discretion
of the municipal judge, be given leave to pay such fine in installments of such
amounts, at such times, and upon such conditions as the municipal judge may
fix. If no such permission is embodied
in the sentence, the total fine shall be payable forthwith.
B. The municipal judge may, at any time,
revise, modify, reduce or enlarge the amount of such installments or the time
and conditions fixed for payment of the same.
C. When a defendant, who has been sentenced
to pay a fine in installments, defaults in the payment thereof, the municipal
judge, upon motion of the Village attorney or upon the court’s own motion, may
require the defendant to show cause why his default should no be treated as
willful disobedience and the municipal judge may issue a summons or a warrant
of arrest for his appearance. Unless
the defendant shows that his default was not attributable to a willful refusal
to obey the order of the court and that the defendant has made a good faith
effort to obtain the funds required for the payment, then the court shall find
that his default was willful disobedience.
D. If it appears that the defendant’s
default in payment of a fine is not willful disobedience, the municipal judge
may make an order allowing the defendant additional time for payment, reducing
the amount of the fine or of each installment, or revoking or suspending the
fine or the unpaid portion thereof in whole or in part.
ARTICLE III. APPEALS
Section
17. Appeals From Municipal Court.
A. Either party may appeal to the district
court within fifteen days of judgement and sentence in municipal court. However, the plaintiff may appeal only when
the municipal court has held an ordinance or section invalid or
unconstitutional, or has held that the complaint is not legally sufficient.
B. The municipal judge may, if he has
convicted the defendant, impose an appeal bond on him in an amount and with
conditions sufficient to secure his appearance for trial.
C. A notice of appeal, by either party, is
filed with the clerk of the district court, who then transmits a copy to the
municipal judge and the municipal attorney.
Within ten days of receipt of the notice of appeal, the municipal judge
must file a transcript of the docket entries and all of the pleadings and other
documents with the clerk of the district court.
D. If the defendant appeals from municipal
court, his sentence may not be executed until final disposition of the appeal.
PASSED,
APPROVED AND ADOPTED this _____
day of July, 1996.
____________________________
Mayor
ATTEST:
________________________________
Clerk/Treasurer
Vote: For ____, Against ____