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Preface

Preface

1. General Matters
1.1 New Mexico Judicial System
1.1.1 Courts of Limited Jurisdiction
1.1.2 Courts of General Jurisdiction
1.1.3 Appellate Courts
1.1.4 Appeals from Municipal to District Court
1.2 Municipal Court Jurisdiction
1.2.1 Ordinances
1.2.2 Campus Traffic Regulations
1.2.3 Searches and Search Warrants
1.2.4 Arrest and Bench Warrants
1.2.5 Subpoenas
1.2.6 Contempt
1.2.7 Marriage Ceremonies
1.3 Municipal Court Procedures
1.3.1 Court Rules
1.3.2 Court Conduct
1.3.3 Time Periods
1.3.4 Attorney Representation
1.3.5 Defendant’s Presence
1.3.6 Audio-Visual Proceedings
1.3.7 Recording of Proceedings
1.4 Municipal Judge Requirements
1.4.1 Qualifications
1.4.2 Term of Office
1.4.3 Oath of Office
1.4.4 Bond
1.4.5 Salary
1.4.6 Training
1.4.7 Frequency of Court Sessions
1.4.8 Vacancy in Office
1.4.9 Temporary or Alternate Judge
1.4.10 Removal from Office
1.5 Judicial Ethics
1.5.1 Code of Judicial Conduct
1.5.2 Oversight of the Court
1.5.3 Impartiality
1.6 Effective Dates of Ordinances and Court Rules

2. Procedures Before Trial
2.1 Petty Misdemeanor Procedural Requirements
2.1.1 Definition of Petty Misdemeanor
2.1.2 Jurisdiction
2.1.3 Venue
2.1.4 Time Limits
2.1.5 Determination of Competency
2.2 Initiation of a Case
2.2.1 Complaints and Citations
2.2.2 Criminal Summons
2.2.3 Arrest Without a Warrant
2.2.4 Preliminary Rights
2.2.5 Probable Cause Determination
2.2.6 Arrest Warrant
2.3 Arraignment
2.3.1 Definition
2.3.2 Explanation of Rights
2.3.3 Representation by Counsel
2.3.4 Entry of Plea
2.4 Dismissal
2.4.1 Definitions
2.4.2 Voluntary Dismissal by Prosecution
2.4.3 Dismissal for Failure to Prosecute
2.5 Other Preliminary Matters
2.5.1 Discovery
2.5.2 Pretrial Conference
2.5.3 Motions
2.5.4 Filing and Service by Fax
2.5.5 Filing and Service by Electronic Transmission
2.6 Excusal and Recusal
2.6.1 Excusal
2.6.2 Recusal
2.6.3 Procedure for Replacing a Judge Upon Recusal3. Release and Bail

3.1 Conditions of Release
3.1.1 General
3.1.2 Factors in Setting Conditions
3.1.3 Specific Conditions
3.1.4 Release Proceedings
3.1.5 Release Forms
3.1.6 Continuation and Review of Release
3.1.7 Failure to Comply with Conditions
3.1.8 Failure to Appear
3.2 Bonds
3.2.1 General
3.2.2 Appearance Bond: Unsecured
3.2.3 Appearance Bond: Partial Cash Deposit
3.2.4 Appearance Bond: Full Cash Deposit
3.2.5 Bail Bond: Execution
3.2.6 Bail Bond: Discharge of Surety
3.2.7 Exoneration
3.2.8 Forfeiture

4. Searches and Search Warrants
4.1 General
4.2 Search Warrants
4.2.1 Issuance
4.2.2 Execution and Return
4.3 Searches Without Warrants
4.3.1 General
4.3.2 Evidence in Plain View
4.3.3 Searches of Persons and Places
4.3.4 Searches of Motor Vehicles
4.4 Motion to Suppress
4.4.1 General
4.4.2 Who May File Motion
4.4.3 Grounds for Suppression

5. Arrest Warrants and Bench Warrants
5.1 Arrest Warrants
5.1.1 Issuance
5.1.2 Contents
5.2 Bench Warrants
5.2.1 Issuance
5.2.2 Execution and Return

6. Subpoenas
6.1 Issuance
6.2 Service
6.3 Motion to Quash
6.4 Failure to Comply

7. Trials
7.1 Start of Trial
7.1.1 Calling the Case
7.1.2 Readiness to Proceed
7.1.3 Witness Oath
7.1.4 Exclusion of Witnesses
7.1.5 Opening Statements
7.2 Presentation of Evidence
7.2.1 Order of Presentation
7.2.2 Witness Testimony
7.2.3 Defendant as Witness
7.2.4 Introduction of Documentary Evidence
7.2.5 Objections
7.2.6 Confessions
7.3 Closing Arguments
7.3.1 Definition
7.3.2 Order of Presentation
7.4 Verdict
7.5 Dispositive Motions
7.5.1 Motion for Directed Verdict
7.5.2 Motion for Dismissal
7.6 Preservation and Disposition of Exhibits
7.6.1 Preservation
7.6.2 Return to Court for Appeal
7.6.3 Final Disposition8. Judgment, Sentence and Appeal

8. Judgment, Sentence, and Appeal
8.1 Judgment and Sentence
8.2 Sentencing
8.2.1 Presentence Report
8.2.2 Sentencing Options
8.2.3 Conditions of Probation
8.2.4 Violation and Revocation of Probation
8.3 Court Costs
8.4 Appeal
8.4.1 Right to Appeal and Filing Requirements
8.4.2 Record on Appeal
8.4.3 Conditions of Release on Appeal
8.4.4 Disposition of Appeal

9. Contempt
9.1 General
9.2 Direct Contempt
9.3 Indirect Contempt
9.4 Notice
9.5 Hearing
9.6 Punishment and Appeal

10. Evidence in Municipal Court
10.1 Overview
10.2 Application of the Rules of Evidence
10.2.1 Courts
10.2.2 Proceedings
10.2.3 Types of Evidence
10.3 Construction of the Rules of Evidence
10.4 General Evidence Principles
10.4.1 Overall
10.4.2 Preliminary Questions
10.4.3 Original Writing Rules
10.4.4 Full Use of Writings
10.4.5 Judicial Notice
10.5 Relevancy
10.5.1 Admission in General
10.5.2 Exclusion in General
10.5.3 Authentication and Identification
10.6 Evidence on Specific Topics
10.6.1 Character Evidence
10.6.2 Habit Evidence
10.6.3 Remedial Measures
10.6.4 Guilty Pleas
10.6.5 Evidence Obtained Under Immunity
10.6.6 Victim’s Past Sexual Conduct
10.7 Witness Testimony
10.7.1 Basic Requirements
10.7.2 Questioning of Witnesses
10.7.3 Impeachment
10.7.4 Opinions and Expert Testimony
10.8 Hearsay
10.8.1 General Rule
10.8.2 Constitutional Limitations on Hearsay
10.8.3 Statements that are Not Hearsay
10.8.4 Exceptions to the Hearsay Rule (When Hearsay Can be Admitted)
10.9 Privileges
10.9.1 General Rule
10.9.2 Exceptions to the Rule
10.9.3 Voluntary Disclosure
10.9.4 Commentary on Claim of Privilege

11. Glossary of Legal Terms

12. Checklists and Scripts for Municipal Court
Arraignment
Proceedings Where Jail May Be Imposed: Checklist
Proceedings Where Jail May Be Imposed: Script
Proceedings Where Jail Will Not Be Imposed: Checklist
Proceedings Where Jail Will Not Be Imposed: Script
Pretrial Release, Bond and Bail
Checklist: Annotated
Checklist: No Annotations
Plea Agreement
With Counsel: Script
Without Counsel: Script
Criminal Trial
With Counsel: Script
Without Counsel: Script
Judgment and Sentencing at Arraignment or Trial
Checklist: Annotated
Checklist: No Annotations
Script: Annotated
Script: No Annotations
Sentencing at a Separate Hearing
Script: Annotated
Script: No Annotations

Acknowledgements
The New Mexico Municipal Benchbook was primarily authored by Judith Olean, formerly a Rio Rancho Municipal Court judge and currently Chair of the Judicial Studies Program at the Albuquerque Technical-Vocational Institute (TVI), and the staff at the New Mexico Judicial Education Center. The New Mexico Municipal Benchbook incorporates provisions of The Municipal Benchbook: A Guide for New Mexico Municipal Judges, published in 1994 by the New Mexico Municipal League and the New Mexico Municipal Judges Association; the New Mexico Magistrate and Metropolitan Court Benchbook, originally published by the New Mexico Compilation Commission and periodically updated by the Judicial Education Center; and the Judicial Handbook, published by the Judicial Education Center.

The Judicial Education Center gratefully acknowledges the generous assistance provided by the expert volunteers who helped in developing the New Mexico Municipal Benchbook. These volunteers contributed their expertise and time in providing background material and reviewing and editing drafts. They include:

  • Hon. Vicki Hudson, Angel Fire Municipal Court
  • Hon. Alan Kirk, Los Alamos Municipal Court
  • Hon. Corrine Padilla, Grants Municipal Court
  • Hon. Linda Padilla, Gallup Municipal Court
  • Randall Van Vleck, General Counsel, New Mexico Municipal League
  • Hon. Janell Whitlock, Carlsbad Municipal Court

Purpose
The New Mexico Municipal Benchbook is intended to serve as a practical guide for municipal judges in handling the typical cases that come before the court. It is a current and convenient secondary source of law, policy and practice for municipal court cases.

Do not rely on the benchbook as legal authority. Instead, consult the municipal ordinances, rules and forms, as well as case law, statutes and court policies and procedures for specific requirements.

Style and Format
The New Mexico Municipal Benchbook is written in a descriptive style. Abbreviations are kept to a minimum and should be readily recognizable when encountered. Citations to ordinances, statutes, rules and cases use the most concise style possible while still providing adequate reference information. In general, citations in the text use the following style:

  • Statutes: New Mexico statutes are cited as §__-__-__, such as §66-8-113, without “NMSA 1978.” Federal laws are cited as __ U.S.C. §___, such as 25 U.S.C. §1901.
  • Rules: New Mexico judicial rules are cited as Rule __-___, such as Rule 8-501, without the addition of “NMRA.”
  • Cases: New Mexico cases are cited using the New Mexico Reports citation, such as 116 N.M. 456 (1993), and, if available, the vendor-neutral citation adopted in 1998, such as 1998-NMCA-039.

Effective Date
The information in this benchbook is current through the 2004 regular legislative session and includes relevant laws that are effective July 1, 2004. The benchbook will be updated periodically as funds and staffing allow. Please contact the Judicial Education Center at the address below for information about the status and availability of updates.

Additional Copies
For information on obtaining additional copies of this benchbook, please contact the Judicial Education Center. The online version of the benchbook is available free of charge right here on the Judicial Education Center web site.

Permission to Reproduce
For information on the permission and acknowledgements necessary for reproducing portions of this benchbook, please contact the Judicial Education Center.

Contacts
For further information on the benchbook, or to report errors or suggestions for future updates, please contact:

Paul Biderman, Director, 505-277-8789, biderman@unm.edu
Pam Lambert, Senior Attorney, 505-277-1052, plams@unm.edu
Beth Gillia, Attorney, 505-277-0710, bgillia@unm.edu

Judicial Education Center
Institute of Public Law
MSC11 6060
1 University of New Mexico
Albuquerque, New Mexico 87131-0001
Fax: 505-277-7064

 



Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-5006
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