reglab/housing_qa huggingface dataset:
NM Stat § 35-14-7 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-7 - Monthly reports and remittances.

Each municipal judge shall make monthly written reports to the governing body of all money collected by him; provided he shall account separately for costs collected pursuant to Section 35-14-11 NMSA 1978. The reports shall be filed and the money collected shall be paid to the municipality not later than the tenth day of the month following collection. History: 1953 Comp., § 37-1-7, enacted by Laws 1961, ch. 208, § 7; 1983, ch. 134, § 5. ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a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.
NM Stat § 35-14-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-8 - Itemized statement.

All required reports shall include an itemized statement showing the different amounts collected, the purpose of collection, the name of the person paying and the date of payment. History: 1953 Comp., § 37-1-8, enacted by Laws 1961, ch. 208, § 8. ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a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.
NM Stat § 35-14-9 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-9 - Penalty.

Any municipal judge violating any provision relating to making reports or remitting money collected is guilty of a misdemeanor and shall be fined not more than two hundred dollars ($200) or imprisoned not more than ninety days, or both. History: 1953 Comp., § 37-1-9, enacted by Laws 1961, ch. 208, § 9. ANNOTATIONSRepeals. — Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a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.
NM Stat § 35-14-10 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-10 - Municipal judges; training required.

Each municipal judge shall annually as a condition of discharging the duties of that office, successfully complete a judicial training program conducted under the authority, or with the approval of, the court administrator, unless exempted from this requirement by the chief justice of the supreme court. No municipal judge holding office after December 31, 1973 shall receive any salary until he has successfully completed, or been exempted from, the required judicial training program. History: 1953 Comp., § 37-1-10, enacted by Laws 1973, ch. 157, § 1.
NM Stat § 35-14-12 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 14 - Municipal Courts|Section 35-14-12 - Municipal courts; automation required.

By July 1, 1996, each municipal court shall have the capability of providing on a timely basis electronic records in a format specified by the judicial information system council tracking convictions of violations of municipal ordinances prohibiting driving while under the influence of intoxicating liquor or drugs and prohibiting domestic violence. History: Laws 1993, ch. 67, § 2.
NM Stat § 35-15-1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 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. History: Laws 1884, ch. 39, § 17; C.L. 1884, § 1625; C.L. 1897, § 2405; Code 1915, § 3627; C.S. 1929, § 90-907; 1941 Comp., § 39-201; 1953 Comp., § 38-1-1; Laws 1959, ch. 169, § 1; 1961, ch. 208, § 10; 1963, ch. 10, § 1; 1969, ch. 35, § 1. ANNOTATIONSNo chilling effect on right to appeal. — There was no "chilling effect" on defendant's right to appeal his conviction for violation of certain municipal ordinances where he took an appeal to the district court and requiring defendant to choose between accepting the risk of a greater sentence or foregoing his appeal was not constitutionally impermissible under the facts of the case since the choice was defendant's. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945. Validity of ordinances authorizing commitment. — If a fine is imposed, an order may be made for commitment until the fine and costs are paid; although such proceedings are not criminal, being at most quasi-criminal, ordinances authorizing commitment are valid. In re Roe Chung, 1897-NMSC-016, 9 N.M. 130, 49 P. 952. City attorney may represent municipality. — City attorney may prosecute violations of municipal ordinances in district court without authorization from the district attorney. City of Roswell v. Smith, cert. denied, 2006-NMCA-040, 139 N.M. 381, 133 P.3d 271, 2006-NMCERT-004, 139 N.M. 429, 134 P.3d 120. Docket fee only applicable to appeals brought under this article. — A docket fee is applicable to appeals from the municipal court to the district court only when brought from an action enforcing ordinances under 35-15-1 NMSA 1978 et seq. 1980 Op. Att'y Gen. No. 80-18. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 414. 62 C.J.S. Municipal Corporations §§ 322, 325, 930.
NM Stat § 35-15-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-2 - Pleading existence of ordinance provisions violated.

In all actions brought to enforce any ordinance, it shall be sufficient to state in the complaint or affidavit the number of the section and title of the ordinance violated without stating said section or ordinance in full or the substance thereof. History: Laws 1884, ch. 39, § 104; C.L. 1884, § 1712; C.L. 1897, § 2517; Code 1915, § 3629; C.S. 1929, § 90-909; 1941 Comp., § 39-202; 1953 Comp., § 38-1-2; Laws 1959, ch. 169, § 2; 1975, ch. 87, § 1. ANNOTATIONSComplaint sufficient. — Complaint charging that defendant "did willfully and unlawfully commit the offense of selling intoxicating liquor to wit: whiskey, etc." was sufficient although it did not state it was sold for beverage purposes. City of Clovis v. Dendy, 1931-NMSC-007, 35 N.M. 347, 297 P. 141. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pleading § 9 et seq. 62 C.J.S. Municipal Corporations §§ 329, 333.
NM Stat § 35-15-4 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-4 - Service of process.

A. In the county in which the municipality whose ordinances are alleged to have been violated is located, a law enforcement officer with jurisdiction in that county may serve any municipal court process or make any arrests authorized by law to be made. B. In counties adjacent to the county in which the municipality whose ordinances are alleged to have been violated is located, a law enforcement officer with jurisdiction in that county may serve any municipal court process or make any arrests authorized by law to be made, except for any service or arrest emanating from parking violations alleged to have occurred in a municipality located in another county. History: Laws 1884, ch. 39, § 21; C.L. 1884, § 1629; C.L. 1897, § 2409; Code 1915, § 3631; C.S. 1929, § 90-911; 1941 Comp., § 39-204; 1953 Comp., § 38-1-4; 2017, ch. 27, § 1. ANNOTATIONSThe 2017 amendment, effective July 1, 2017, rewrote the language of the section to expand the jurisdiction for municipal courts for issuing bench warrants, except for parking violations; added the catchline; deleted the former language in its entirety, which provided that a constable or sheriff could serve any process or make any arrests authorized to be made by any city or town officer; and added Subsections A and B.
NM Stat § 35-15-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-5 - Maximum time for commencing proceeding for enforcement or [of] ordinances.

All prosecutions for the commission of any offense made punishable by ordinance shall be commenced within one year after the violation and shall be barred thereafter. History: Laws 1884, ch. 39, § 22; C.L. 1884, § 1630; C.L. 1897, § 2410; Code 1915, § 3632; C.S. 1929, § 90-912; 1941 Comp., § 39-205; 1953 Comp., § 38-1-5; Laws 1959, ch. 169, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Authority of county officer. — The unequivocal language of this section permits a constable of the county to make the same arrests without a warrant that a city or town officer is authorized to make. 1964 Op. Att'y Gen. No. 64-65. Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 324.
NM Stat § 35-15-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-6 - Custody of prisoners.

In case any such person shall be confined in any county jail it shall be the duty of the sheriff or jailer to deliver him to the appropriate municipal officer whenever such prisoner is to work for such municipality but such prisoner shall be returned to such county jail each night. History: Laws 1905, ch. 84, § 2; Code 1915, § 3634; C.S. 1929, § 90-914; 1941 Comp., § 39-207; 1953 Comp., § 38-1-7; Laws 1959, ch. 169, § 6.
NM Stat § 35-15-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-8 - Judgment on appeal; recovery on bond.

If the judgment of the municipal court in the action is affirmed or rendered against the defendant on appeal, the district court shall enter judgment imposing the same, a greater or a lesser penalty as that imposed in the municipal court in the action. If the defendant fails to appear at the time set for hearing of the appeal in the district court without a sufficient showing for a continuance, the district court shall affirm the judgment and sentence of the municipal court and render judgment against the defendant and his sureties on the appeal bond. When the municipal court has imposed a jail sentence upon the defendant, the district court shall issue a bench warrant for the immediate arrest and confinement of the defendant. History: Laws 1919, ch. 112, § 4; C.S. 1929, § 79-525; 1941 Comp., § 39-211; 1953 Comp., § 38-1-11; Laws 1969, ch. 35, § 3; 1975, ch. 212, § 2. ANNOTATIONSSentence increased. — Because the district court did not suspend any of the 30-day jail term it imposed (as had the municipal court), the effect was an increase in the amount of jail time required to be served, which was an increase in the sentence. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945. Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 C.J.S. Municipal Corporations § 378.
NM Stat § 35-15-9 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-9 - [Municipality to have free process; no costs charged to municipality.]

That the municipality shall have free process in the district court in all cases of appeals for violations of municipal ordinances, and in no case shall any costs be assessed against the municipality in such cases. History: Laws 1919, ch. 112, § 5; C.S. 1929, § 79-526; 1941 Comp., § 39-212; 1953 Comp., § 38-1-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For trial de novo on appeal, see 39-3-1 NMSA 1978. Effect of trial de novo. — A trial de novo is a trial "anew," as if no trial whatever had been had in the municipal court. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945. Constitutionality where greater sentence. — The greater sentence imposed by the district court for violation of certain municipal ordinances after a trial de novo did not deprive defendant of due process, nor did it amount to double jeopardy. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945. Correctness of municipal proceedings not reviewed. — In a de novo trial the district court does not review the correctness of the proceedings in the municipal court. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945. Hazard of greater sentence not unfair. — The hazard of a greater sentence upon trial de novo for violation of municipal ordinance is not fundamentally unfair. City of Farmington v. Sandoval, 1977-NMCA-022, 90 N.M. 246, 561 P.2d 945. Defendant not entitled to jury. — In prosecutions under municipal ordinances, defendant is not, on appeal to district court, entitled to jury trial. The constitution does not grant jury trial but preserves such right already existing by statute. City of Clovis v. Dendy, 1931-NMSC-007, 35 N.M. 347, 297 P. 141. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 420. 62 C.J.S. Municipal Corporations § 379.
NM Stat § 35-15-10 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-10 - Trial de novo without jury.

All trials upon appeals by a defendant from the municipal court to the district court for violations of municipal ordinances shall be de novo and shall be tried before the court without a jury. History: Laws 1919, ch. 112, § 6; C.S. 1929, § 79-527; 1941 Comp., § 39-213; 1953 Comp., § 38-1-13; Laws 1959, ch. 169, § 8. ANNOTATIONSEffect of trial de novo. — A trial de novo resulting in an acquittal precludes a consideration as to what has gone on before. Therefore, for the purposes of a summary judgment motion, it cannot be said that there is still a finding of probable cause in the municipal court below. Miera v. Waltemeyer, 1982-NMCA-007, 97 N.M. 588, 642 P.2d 191, cert. quashed, 98 N.M. 51, 644 P.2d 1040.
NM Stat § 35-15-11 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-11 - Municipality may appeal.

The municipality shall have the right to appeal to the district court from the municipal court and to the supreme court from any decision of the district court in every case brought for the violation of an ordinance of said municipality. The municipality shall be allowed an appeal from the municipal court to the district court only when the municipal court has held an ordinance or section thereof invalid or unconstitutional or that the complaint is not legally sufficient. History: Laws 1935, ch. 28, § 1; 1941 Comp., § 39-214; 1953 Comp., § 38-1-14; Laws 1959, ch. 169, § 9. ANNOTATIONSRight of municipality to appeal from municipal court to district court. — N.M. Const., art. VI, § 27 confers upon a municipality a constitutional right to appeal an adverse final judgment or decision from a municipal to district court and the legislature may not abridge that right. City of Las Cruces v. Sanchez, 2007-NMSC-042, 142 N.M. 243, 164 P.3d 942. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations §§ 386 to 397. Right of municipal corporation to review of an unfavorable decision in an action or prosecution for violation of a municipal ordinance, 11 A.L.R.4th 399. 62 C.J.S. Municipal Corporations § 364.
NM Stat § 35-15-12 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-12 - Fines and forfeitures in justice court [magistrate court]; collections go to municipal treasury.

Justices of the peace [magistrates] in municipalities of the state of New Mexico, when sitting as municipal judges, shall turn into [in to] the municipality all fines collected for the violation of such municipal ordinances and all moneys collected from forfeited bonds or recognizances in such justice of the peace courts [magistrate courts] when being held as municipal courts shall be turned into [in to] the municipality. History: Laws 1921, ch. 42, § 1; C.S. 1929, § 79-216; 1941 Comp., § 39-216; 1953 Comp., § 38-1-16; Laws 1959, ch. 169, § 11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished and all jurisdiction, powers and duties were transferred to magistrate courts. See 35-1-38 NMSA 1978. Cross references. — For magistrate court as "justice of the peace", see 35-1-38 NMSA 1978.
NM Stat § 35-15-13 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-13 - Fines and forfeitures assessed on appeal; collections go to municipal treasury.

All fines assessed in the district court upon appeals from the municipal courts, including such moneys as may be paid into the said district court upon forfeited bonds or recognizances for defendants charged with municipal offenses, shall be turned over to the municipality. History: Laws 1921, ch. 42, § 2; C.S. 1929, § 79-217; 1941 Comp., § 39-217; 1953 Comp., § 38-1-17; Laws 1959, ch. 169, § 12.
NM Stat § 35-15-14 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 15 - Violations of Municipal Ordinances|Section 35-15-14 - Suspension of sentence; probation.

A. The governing body of any municipality may provide by ordinance that the municipal court may, upon entry of a plea of guilty or judgment of conviction: (1) suspend in whole or part the execution of sentence; or (2) place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best; or both. The ordinance shall provide that the court may as a condition of probation require the defendant to serve a period of time in volunteer labor to be known as community service. The type of labor and period of service shall be at the sole discretion of the court; provided that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages, shall not be considered an employee for any purpose and shall not be entitled to workmen's compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this paragraph, "community service" means any labor that benefits the public at large or any public, charitable or educational entity or institution. B. The ordinance shall provide that suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public, and that the defendant's liability for any fine or other punishment imposed is fully discharged upon successful completion of the terms and conditions of probation. History: 1953 Comp., § 38-1-18, enacted by Laws 1961, ch. 55, § 1; 1987, ch. 56, § 1. ANNOTATIONSThe 1987 amendment, effective June 19, 1987, added the second, third and fourth sentences in Subsection A(2). Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 422. Inherent power of court to suspend for indefinite period execution of sentence in whole or in part, 73 A.L.R.3d 474. 62 C.J.S. Municipal Corporations § 358.
NM Stat § 36-1-1 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-1 - [Oath and bond of district attorneys.]

Each district attorney shall, within sixty days after his election, qualify by filing in the office of the secretary of state, an oath of office as prescribed for other officers and a good and sufficient bond to be approved by a justice of the supreme court in the sum of five thousand dollars [($5,000)]. History: Laws 1909, ch. 22, § 1; Code 1915, § 1857; C.S. 1929, § 39-101; 1941 Comp., § 17-101; 1953 Comp., § 17-1-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler. Compiler's notes. — The 1915 Code compilers omitted the first part of this section which read: "For each district attorney's district as now or hereafter established by law, the governor shall, by and with the consent of the legislative council, appoint a competent attorney at law as district attorney, who shall hold his office for a period of two years, and until his successor shall have been appointed and qualified" and substituted "election" for "appointment." Cross references. — For compensation of district attorneys, see 36-1-6 and 36-1-7 NMSA 1978. For removal of district attorneys generally, see 36-1-9 to 36-1-17 NMSA 1978. For duties of district attorneys generally, see 36-1-18 NMSA 1978. For constitutional provision relating to qualifications, election, term of office, duties and compensation of district attorneys, see N.M. Const., art. VI, § 24. For oath of office of elected officers, see N.M. Const., art. XX, § 1. For filling of vacancies in offices of district attorneys, see N.M. Const., art. XX, § 4. The office of district attorney was created by N.M. Const., art. VI, § 24. State ex rel. Ward v. Romero, 1912-NMSC-011, 17 N.M. 88, 125 P. 617. Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 C.J.S. District and Prosecuting Attorneys § 5.
NM Stat § 36-1-3 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-3 - District attorneys; travel expenses.

District attorneys and their employees shall be allowed per diem and shall be reimbursed for their necessary travel expenses incurred while absent from their district headquarters upon official business as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. These expenses shall be paid from the appropriation to the district attorney of the judicial district for which the business is transacted. History: 1953 Comp., § 17-1-3, enacted by Laws 1968, ch. 69, § 49; 1971, ch. 7, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 49, repealed 17-1-3, 1953 Comp., relating to expense allowances of district attorneys and employees, limitations upon private practice of district attorneys and assistants, appointment of assistants and maintenance of offices, and enacted a new 17-1-3, 1953 Comp. Cross references. — For payment of expenses of offices of district attorneys, see 36-1-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys § 18, 41. 27 C.J.S. District and Prosecuting Attorneys § 21.