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The municipal court has exclusive original jurisdiction over all offenses and complaints under the code or ordinances of the city and may issue subpoenas and warrants and punish for contempt. The court shall be located in quarters provided by the city commission and shall be presided over by the municipal judge. (Prior code § 5-1-1)
The municipal judge shall establish rules of procedure which are necessary for the purpose of officially carrying out the provisions of the ordinances of the city and for the proper administration of justice. Such rules shall not be inconsistent with the applicable statutes of the state of New Mexico or the ordinances of the city. (Prior code § 5-2-8)
The municipal judge shall, before proceeding to try any person for the violation of any ordinance of the city, cause a complaint to be made, a warrant issued to arrest the person and a return to be made on the warrant. It shall be sufficient to state in the complaint the number of the section of the code violated. (Prior code § 5-2-9)
All cases tried before the municipal judge shall be docketed in the name of the city against the defendant, and the municipal judge shall enter on the docket, in a plain and intelligent manner, an account of each step taken in such case and of particular fines assessed in same. (Prior code § 5-2-10)
Judgment shall be entered in each and every case of guilty or not guilty of the offense charged, and by the judgment the defendant shall be discharged, fined or imprisoned, or fined and imprisoned as the case may be. Where judgment of guilty shall be entered in any case before him requiring confinement in the municipal jail, the municipal judge shall issue a commitment against the defendant commanding the chief of police of the city to commit the defendant to the city jail, all in accordance with the terms of the judgment and ordinances of the city. (Prior code § 5-2-11)
A. Upon a plea of guilty or a judgment of conviction for violation of a municipal ordinance, the municipal court may suspend in whole or in part the execution of sentence, or place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best, or both.
B. Suspension of 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.
C. The defendant's liability for any fine or other punishment imposed shall be fully discharged upon successful completion of the terms 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. (Ord. 349, 1987: prior code § 5-2-13)
The city or the defendant may appeal to the district court from the judgment of the municipal court within fifteen days after judgment and sentence rendered in the municipal court. Failure of either party to appeal within the prescribed time is jurisdictional and an appeal not timely filed shall not be entertained. (Prior code § 5-3-1)
An appeal from the municipal court is taken by filing with the clerk of the district court a notice of appeal. When the defendant takes an appeal, the notice of appeal shall be accompanied by a bond to the city in the sum and with condition, fixed by the municipal judge as sufficient to secure the appearance of defendant, and the judgment and sentence of the municipal court. The clerk of the district court shall docket the appeal on the civil docket upon payment of a docket fee of ten dollars and shall transmit a copy of the notice of appeal to the municipal judge and municipal attorney. Within ten days after receipt of the notice of appeal from the clerk of the district court, the municipal judge shall file with the clerk of the district court, a transcript of all municipal court docket entries in the action, together with all pleadings and other documents, relating to the action. The docketing of an appeal operates as a stay of execution upon the municipal court in the action until final disposition of the appeal. (Prior code § 5-3-2)