Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-07-29
CHANGE OF VENUE
FOR PREJUDICE, BUT
IT MUST BE SHOWN

ESPECIAL CohHttFohnttCt 70 hpbNfFN JOURNAL
Santa Fe, July 2S.-Assstant At
torney |. l.. Grimshaw today handed
down an opinion governing the
change of venue In Justice of the
peace cases, ruling that mere as
sertion of prejudice is not sufficient
but that proof must be adduccd and
also that the jurisdiction of the JUS
tice Of the peace in an Incorporated
village Is not absolute and exclusive
In causes where he is disqualified to
act and that he should change the
venue when prejudice is shown.
Santa Fc, n. NJ, July ~, 1914.
Mr.. l.. J. Peach. Columbus, n. NJ.
Dear Sir.-Wc have your letter of
July %. We understand that a case
was pending before YOU as justice of
the peace of the precinct wherein
the village of Columbus is part
and that the party defendant made
a motion for a change of venue to
lanother precinct on the ground that
you We're prejudiced against him be-
cause YOU had declared that you ex-
pected to enforce the ordinances of
the village.
Section 240S of the compiled laws
Of 1897 and ehepter 2 of the laws of
/ 9o7. which is amendatory of it, re-
luis W JiSliitH VI fItdit Mllfifl GititS
or towns. In cities and towns the
city council, or board of trustees
designates certain justice of the
peace to try causes arising under it's
ordinances and thai justice has eX-
elusive jurisdiction in those eases.
Section . of chapter III of the
laws of 1909, which is the chapter
under which the cillage Of Columbus
was probably Incorporated, provides
that justices of the peace of the pre-
cinct wherein the Incorporated viii
lage is situate, shall have jurisdiction
of violations of the ordinances pf
the village. 1t does not say that the
justice of the peace of that village
shall have exclusive jurisdiction nor
do we think that any such conclu-
sion is permissible. Sections 1929.
ct seq, of the compiled laws of 1897,
contain the law in reference to the
granting of change of venue by a
Justice of the peace. You will note
that the causes and grounds set out
in the motion for a change of venue,
according to those sections, must be
proved in court before you before
you are compelled to grant change
of venue. In the case to which you
refer, 1t would he incumbent upon
Tue ucItnudHt OF TO lHt pclAuil HipN-
ing for a change Of venue, to prove, |
as a fact and not as a naked asser-
ton, that you are actually preJudiced |
against him before you would be re- |
quired to grant the motion for a |
change of venue. If proof were adj |
dueed to the effect that you are pre-
JUDGED you would be bound to
change the venue of that cause In |
accordance with sections 1923, ct
sen. of the compiled laws Of 1897
Our opinion is that a justice OF the I
peace in an incorporated village mas
not absolute and exclusive Jurisdic-
tion in causes wherein he Is dis
qualified to act and that when It
appears by proof that he is disduali-
fled he should change the venue IN
accordance with section 1919, ct SEQ.
The simple declaration that YOU are
prejudiced because you Will enforce
the ordinances of the village, IN the
absence of positive proof Is not SUI
ficient to warrant you in making an
order changing the venue OF cause
in your court.
Yours truly
IRA l.. GRIMSHAW,
Assistant Attorney General