2023 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 14 - Municipal Courts
Section 35-14-4 - Election; term; vacancy.

A. Municipal judges shall be elected, for terms of four years, at a regular municipal election.

B. In municipalities with a population of thirty thousand persons or more, additional judges may be elected if the municipal governing body determines the workload of the court requires more than one judge. Municipalities with a population of less than thirty thousand persons shall have only one municipal judge.

C. The governing body of any municipality may fill vacancies by appointment of a municipal judge to serve until the next regular municipal election.

History: 1953 Comp., § 37-1-4, enacted by Laws 1961, ch. 208, § 4; 1967, ch. 215, § 2; 1973, ch. 208, § 2; 1993, ch. 222, § 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 — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a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.

The 1993 amendment, effective June 18, 1993, substituted "thirty thousand" for "fifty thousand" in both sentences of Subsection B.

Length of term statutorily mandated. — The city charter of a non-homerule municipality may not provide municipal judges with terms of a different length than those mandated by statute. 1987 Op. Att'y Gen. No. 87-16.

Where no successor chosen. — Where no successor was chosen as provided by law, i.e., no election was held, there now exists by virtue of 10-3-1 NMSA 1978 a "vacancy" which can be filled by appointment under this section. Once he is appointed and qualifies by giving his bond, he takes office from the incumbent who remains in that office under N.M. Const., art. XX, § 2. 1956 Op. Att'y Gen. No. 56-6452 (rendered under former law).

Municipal judge must be a resident of the municipality which he serves. 1969 Op. Att'y Gen. No. 69-11.

Municipal judge is public officer for purposes of N.M. Const., art. IV, § 27. 1979 Op. Att'y Gen. No. 79-27.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 9, 239, 240.

48A C.J.S. Judges § 12 et seq.