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.
Vote: For ____, Against ____