SENATE BILL 173

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Richard C. Martinez

 

 

 

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

 

AN ACT

RELATING TO COURTS; AUTHORIZING MUNICIPALITIES OF ANY SIZE TO TRANSFER JURISDICTION OF MUNICIPAL COURTS TO THE MAGISTRATE COURT WITH THE AGREEMENT OF THE SUPREME COURT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 35-14-1 NMSA 1978 (being Laws 1961, Chapter 208, Section 1, as amended) is amended to read:

     "35-14-1. MUNICIPAL COURT--CREATION.--

          A. Except for municipalities with a population of [less] fewer than two thousand five hundred or more than five thousand persons in the [1980] 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 [last] most recent federal decennial census and municipalities [which] that 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 upon agreement between the supreme court and the municipality. The designation shall be by adopted ordinance [which] that 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."

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