New Mexico § 35-14-1 - Municipal court; creation

§ 35-14-1. Municipal court; creation

A. Except for municipalities with a population of fewer than two thousand five hundred

or more than five thousand persons in the most recent federal decennial census lying

within the boundaries of a class A county with a population of more than two hundred

thousand persons in the most recent federal decennial census and municipalities that

have adopted an effective ordinance pursuant to Subsection D of this section, there

is established a municipal court in each incorporated municipality. The municipal courts shall be presided over by municipal judges. As used in Chapter 35, Articles 14 and 15 NMSA 1978 , “ municipality ” includes H class counties. B. The governing body of a municipality that is not governed by home rule, territorial

or special charter and having a population fewer than ten thousand persons in the

most recent federal decennial census, where the municipal court is located twenty-five

or fewer miles from the nearest magistrate court, may by resolution express its intent

to designate the magistrate court of the county in which the municipality is located

as the court having jurisdiction over municipal ordinances. Within fifteen days from the adoption of a resolution pursuant to this section,

the governing body of the municipality shall create a “municipal ordinance jurisdiction

advisory committee”. The municipal ordinance jurisdiction advisory committee shall be composed of the

following members, who shall be residents of the municipality: (1) the mayor; (2) a member of the governing body; (3) a municipal judge; (4) the chief of police; and (5) three members of the public, each selected by the mayor, the governing body and

the municipal judge. C. A municipal ordinance jurisdiction advisory committee shall: (1) hold at least one public hearing on the question of designating the magistrate

court of the county in which the municipality is located as the court having jurisdiction

over municipal ordinances; (2) hear testimony from all interested persons, including the mayor, the governing

body and the municipal judge; and (3) submit a report, including recommendations directly to the governing body of the

municipality, with copies to the mayor and municipal judge. D. Following receipt of a report from the municipal ordinance jurisdiction advisory

committee, the governing body of a municipality may, subject to approval by the supreme

court, adopt an ordinance upon a three-fourths' majority vote to designate the magistrate

court of the county in which the municipality is located as the court having jurisdiction

over municipal ordinances. An ordinance adopted shall become effective only upon supreme court approval and

the expiration of the term of the municipal judge in office on the date of the supreme

court's approval of the ordinance. E. Within five days after the effective date of an ordinance adopted pursuant to Subsection

D of this section, the governing body of the municipality shall: (1) forward a copy of the ordinance to the magistrate court and to the administrative

office of the courts; and (2) provide to the magistrate court copies of all municipal ordinances over which

the magistrate court will have jurisdiction. F. A magistrate court designated pursuant to Subsection D of this section shall, with

respect to ordinances of the municipality: (1) follow the rules of procedure for the municipal courts and the procedures provided

by Chapter 35, Article 15 NMSA 1978; and (2) impose no fine or sentence greater than that permitted for municipalities. G. Any municipality that has passed an ordinance designating the magistrate court

of the county in which the municipality is located as the court having jurisdiction

over municipal ordinances may re-establish the municipal court as the court having

jurisdiction over municipal ordinances through the following procedures: (1) the governing body of the municipality may pass an ordinance rescinding the designation

that was made pursuant to Subsection B of this section; or (2) following receipt of a petition signed by at least twenty percent of the registered

voters who voted in the last municipal election for the office of mayor: (a) convene a municipal ordinance jurisdiction advisory committee pursuant to Subsection

B of this section that shall make a report and recommendation, if any, to the governing

body of the municipality; and (b) the governing body shall indicate its assent to re-establishment of the municipal

court by ordinance. H. After July 1, 2024, no court shall assess post-adjudication fees previously authorized

by statute and now repealed.