2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 14 - Municipal Courts › Section 35-14-2 - Jurisdiction.

A. Each municipal court has jurisdiction over all offenses and complaints under ordinances of the municipality and may issue subpoenas and warrants and punish for contempt.
B. Upon written agreement between the board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico and the governing body of a municipality contiguous to land under control of the board of regents or within which any portion of such land is located, the municipal court has jurisdiction over violations of campus traffic regulations adopted under Section 29-5-1 NMSA 1978 as to areas under control of the board of regents. Fines and forfeitures collected by the municipal court under campus traffic regulations may be credited to the state educational institution on whose campus the violation occurred.
C. Upon written agreement between a post-secondary educational institution and the governing body of a municipality contiguous to land under control of the institution or within which any portion of such land is located, the municipal court has jurisdiction over violations of campus traffic regulations adopted pursuant to Section 29-5-4 NMSA 1978 as to areas under control of the institution. Fines and forfeitures collected by the municipal court for violations of campus traffic regulations may be credited to the municipality or to the post-secondary educational institution on whose campus the violation occurred.
D. Each municipal court's personal jurisdiction extends to any defendant who has been properly served with criminal process of the court anywhere in the state if that criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs.
History:
1953 Comp., § 37-1-2, enacted by Laws 1961, ch. 208, § 2; 1969, ch. 131, § 1; 1975, ch. 167, § 1; 1988, ch. 88, § 3; 2011, ch. 53, § 2.
ANNOTATIONS
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— Laws 1961, ch. 208, § 11, repealed former 37-1-1 to 37-1-9, 1953 Comp., relating to the creation of a police court in cities and towns, defining its jurisdiction, providing for the election of a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 2011 amendment,
effective July 1, 2011, added Subsection C to authorize post-secondary educational institutions and municipalities to enter into agreements to provide for the enforcement of campus traffic regulations in municipal court and to permit fines and forfeitures collected by the municipal court to be credited to the municipality or to the post-secondary educational institution.
The 1988 amendment,
effective May 18, 1988, added Subsection C.
Theft of credit card.
— The municipal court had no jurisdiction to hear a felony charge of theft of a credit card.
State v. Rodriguez
, 2005-NMSC-019, 138 N.M. 21, 116 P.3d 92.
Jurisdiction not exclusive.
— A municipal court does not have exclusive jurisdiction where driving while intoxicated or acts of domestic violence are alleged to have occurred within the city limits and to violate both state laws and municipal ordinances and a municipal peace officer may refer criminal charges to any prosecutor at any level for evaluation and prosecution in municipal, magistrate or district court. Nothing in the law binds an officer to file charges in municipal court where the charges stem from activities that allegedly violate a municipal ordinance and a state law or a county ordinance. 2008 Op. Att'y Gen. No. 08-06.
Scope of jurisdiction.
— A municipal judge is limited in the exercise of his jurisdiction to those offenses arising out of violations or alleged violations of municipal ordinances. In addition, jurisdiction of municipal judges extends only to offenses perpetrated within the limits of the particular municipality. 1962 Op. Att'y Gen. No. 62-141.
Original jurisdiction is exclusive.
— Only municipal courts have original jurisdiction to hear violations of municipal ordinances. 1965 Op. Att'y Gen. No. 65-236.
Jurisdiction to issue search warrants.
— A municipal judge has the power and authority to issue valid search warrants where the evidence to be seized will be used to prosecute violations of municipal ordinances, but not where the seized evidence will be used to prosecute violations of state laws. 1970 Op. Att'y Gen. No. 70-45.
Jurisdiction at university.
— Ordinances of the city of Albuquerque dealing with crimes do not apply to land under the control of the board of regents of the university of New Mexico except for traffic offenses. 1969 Op. Att'y Gen. No. 69-48.
Jurisdiction as to state Motor Vehicle Code.
— Unless the town has specifically enacted an ordinance inclusive of the motor vehicle offenses contained in the state traffic code, a municipal judge does not have jurisdiction to hear and try those traffic offenses contained in the state Motor Vehicle Code (66-1-1 NMSA 1978 et seq.) which are not actually covered by the particular town ordinance. 1962 Op. Att'y Gen. No. 62-141.
Other sections supplemented.
— This section provides for a waiver of the right to regulate university property under agreement between boards of regents of state educational institutions and municipalities for traffic offenses occurring on the university campus and supplements 29-5-1 and 29-5-2 NMSA 1978. 1969 Op. Att'y Gen. No. 69-48.
No right to trial by jury.
— No right of trial by jury exists in municipal court "petty" or "minor" cases arising from the violation of city ordinances. 1964 Op. Att'y Gen. No. 64-37.
Marriage ceremony outside of municipality.
— A municipal judge cannot perform a marriage outside of the municipality in which he sits. 1988 Op. Att'y Gen. No. 88-36.
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.
— Criminal jurisdiction of municipal or other local court, 102 A.L.R.5th 525.
20 Am. Jur. 2d Courts § 12.
21 C.J.S. Courts § 12 et seq.