CHAPTER 34: MUNICIPAL COURT
Section
General Provisions
   34.01   Jurisdiction
   34.02   Power to issue process
   34.03   Issuance of warrants
   34.04   Issuance of citation or summons
   34.05   Location
   34.06   Suspension, probation, and community services
   34.07   Mandatory corrections fee
   34.08   Mandatory judicial education fee
   34.09   Mandatory court automation fee
Municipal Judge
   34.20   Presiding officer
   34.21   Election
   34.22   Bond; salary, benefits, and work hours
   34.23   Temporary incapacity or absence
   34.24   Duties of temporary Municipal Judge
   34.25   Power to suspend execution of sentence or to place on probation; conditions
   34.26   Docket and records
   34.27   Monthly reports and remittances; itemized statements
Procedures Upon Arrest
   34.40   Definitions
   34.41   Right to telephone calls
   34.42   Appearance before court
   34.43   Citations
   34.44   Failure to appear
   34.99   Penalty
Cross-reference:
   City Attorney, see § 30.55
   Police officers, see § 30.57
GENERAL PROVISIONS
§ 34.01 JURISDICTION.
   The Municipal Court shall have jurisdiction over all offenses and complaints under the provisions of this code and other ordinances of the city, and may issue subpoenas and warrants and punish for contempt.
(1981 Code, § 14-1)
Statutory reference:
   Similar provisions, see NMSA § 35-14-2A
§ 34.02 POWER TO ISSUE PROCESS.
   The Municipal Court shall have the power to issue any and all necessary process required to complete the exercise of its jurisdiction in actions and prosecutions for violations of provisions of this code or other ordinances of the city, which process includes warrants of arrest, search warrants, bench warrants, citations, summonses, subpoenas, and other necessary process.
(1981 Code, § 14-2)
§ 34.03 ISSUANCE OF WARRANTS.
   (A)   In any action for the violation of any provision of this code or other ordinance of the city in which an arrest has not been made, a warrant by the Municipal Judge for the arrest of defendant shall issue in the first instance upon the affidavit of person making a complaint that he or she has reasonable grounds to believe the party charged has committed an offense.
   (B)   Any person arrested upon the warrant shall, without unnecessary delay, be taken before the Municipal Judge to be tried for the alleged offense, or be allowed to post an appropriate bond.
(1981 Code, § 14-3)
Statutory reference:
   Similar provisions, see NMSA § 35-15-3A
§ 34.04 ISSUANCE OF CITATION OR SUMMONS.
   In all cases involving alleged violations of any provisions of this code or other ordinance of the city not amounting to a breach of the peace, the first process shall be a citation or summons requiring the party charged to appear before the Municipal Court at a time fixed in the citation or summons. Upon the failure of the party charged to appear, a warrant for his or her arrest shall forthwith issue by the Municipal Judge for the offense specified in the citation or summons, commanding that the party charged shall be arrested and proceedings had as in the case when an arrest is made upon a warrant issued upon affidavit.
(1981 Code, § 14-4)
Statutory reference:
   Similar provisions and authority for above section, see NMSA § 35-15-3B
§ 34.05 LOCATION.
   The Municipal Court shall be located in the quarters as shall be provided by the City Commission.
(1981 Code, § 14-5)
§ 34.06 SUSPENSION, PROBATION, AND COMMUNITY SERVICES.
   (A)   Generally. 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 1 year on terms and conditions the court deems best, or both.
   (B)   Granting suspension or probation. 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)   Defendant’s liability for fines and the like. The defendant’s liability for any fine or other punishment imposed shall be fully discharged upon successful completion of the terms of probation.
   (D)   Community service.
      (1)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
         COMMUNITY SERVICE. Any labor that benefits the public at large or any public, charitable, or educational entity or institution.
      (2)   (a)   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.
         (b)   The type of labor and period of service shall be at the sole discretion of the court.
         (c)   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.
(1981 Code, § 14-7) (Ord. 728, passed 9-24-1985; Am. Ord. 796, passed 12-13-1988)
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