2018 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 14 - Municipal Courts
Section 35-14-5 - Temporary incapacity or absence of a municipal judge.
Any registered voter of a municipality in which a municipal judge is incapacitated or absent may be appointed to the office of the municipal judge during his temporary incapacity or absence, and he shall hear and determine cases arising under municipal ordinances while sitting as municipal judge. The governing body may establish a procedure by ordinance for appointment.
History: 1953 Comp., § 37-1-5, enacted by Laws 1961, ch. 208, § 5; 1973, ch. 88, § 1.
Repeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a police judge, providing for statements and the filling of vacancies.
Separation of powers. — A municipal ordinance establishing a procedure for filling a temporary vacancy on the municipal court did not violate the separation of powers doctrine. Aguilar v. City Comm'n, 1997-NMCA-045, 123 N.M. 333, 940 P.2d 181.
Scope of city authority. — City commission acted within its authority in establishing a procedure for filling a temporary vacancy on the municipal court. Aguilar v. City Comm'n, 1997-NMCA-045, 123 N.M. 333, 940 P.2d 181.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 248 et seq.
48A C.J.S. Judges § 161 et seq.
