35-14-1. Municipal court; creation.
A. Except for municipalities with a population of less than two thousand five
hundred or more than five thousand persons in the 1980 federal decennial census
lying within the boundaries of a class A county with a population of more than
two hundred thousand persons in the last federal decennial census and
municipalities which have adopted an effective ordinance pursuant to Subsection
B 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 with a population of one thousand five
hundred persons or less in the last federal decennial census may designate the
magistrate court of the county in which the municipality is located as the court
having jurisdiction over municipal ordinances. The designation shall be by
adopted ordinance which shall not be effective until the expiration of the term
of any incumbent municipal judge. Within five days after the effective date of
the ordinance, 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.
C. A magistrate court designated pursuant to Subsection B 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;
(2) impose no fine or sentence greater than that permitted for municipalities;
and
(3) remit monthly to the state all funds collected as a result of enforcement of
municipal ordinances.
35-14-2. Jurisdiction.
A. Each municipal court has jurisdiction over all offenses and complaints under ordinances of the municipality and may issue subpoenas and warrants and punish for contempt.
B. Upon written agreement between the board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico and the governing body of a municipality contiguous to land under control of the board of regents or within which any portion of such land is located, the municipal court has jurisdiction over violations of campus traffic regulations adopted under Section 29-5-1 NMSA 1978 as to areas under control of the board of regents. Fines and forfeitures collected by the municipal court under campus traffic regulations may be credited to the state educational institution on whose campus the violation occurred.
C. Each municipal court's personal jurisdiction extends to any defendant who has been properly served with criminal process of the court anywhere in the state if that criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs.
35-15-1. Proceedings to enforce ordinances; plaintiff; appeals.
A. All actions to enforce any ordinance of any municipality shall be brought in the name of the municipality as plaintiff. No prosecution, conviction or acquittal for the violation of an ordinance is a defense to any other prosecution of the same party for any other violation of an ordinance, although different causes of action existed at the same time and, if united, would have exceeded the jurisdiction of the court.
B. The plaintiff or defendant may appeal to the district court from the judgment of any 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 by the district court.