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A Guide for New Mexico Municipal Judges and Staff

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A Guide for New Mexico Municipal Judges and Staff A Guide for New Mexico Municipal Judges and Staff New Mexico Judicial Education Center Institute of Public Law UNM School of Law A Guide for New Mexico Municipal Judges and Staff This publication has been developed for use by the New Mexico judiciary with public funds administered by the Judicial Education Center. It is the property of the court. No one may remove this publication from the premises of the court except authorized judicial personnel on a temporary basis for official court business. New Mexico Judicial Education Center Institute of Public Law UNM School of Law New Mexico Municipal Court Manual for Judges and Staff © 2009 by the New Mexico Judicial Education Center New Mexico Judicial Education Center Institute of Public Law MSC11 6060 1 University of New Mexico Albuquerque, NM 87131-0001 Phone: 505-277-5006 Fax: 505-277-7064 This benchbook is intended for educational and informational purposes only. It is not intended to provide legal advice. Readers are responsible for consulting the statutes, ordinances, rules and cases pertinent to their issue or proceeding. Readers should keep in mind that laws and procedures are subject to change. Chapter Title 1 General Matters 2 Procedures Before Trial 3 Release and Bail 4 Searches and Search Warrants 5 Arrest Warrants and Bench Warrants 6 Subpoenas 7 Trials 8 Judgment, Sentence and Appeal 9 Contempt 10 Evidence in Municipal Court 11 Traffic and DWI Procedures for Courts 12 Administrative & Financial Procedures 13 Appendices 14 Checklists and Scripts ----------------------------------------------------------------------------------------------------------------Table of Contents NEW MEXICO MUNICIPAL COURT MANUAL FOR JUDGES AND STAFF TABLE OF CONTENTS 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 1.1.5 Court System Flow Chart 1.2 Municipal Court Jurisdiction 1.2.1 Ordinances 1.2.2 Effective Dates of Ordinances and Court Rules 1.2.3 Campus Traffic Regulations 1.2.4 Search Warrants 1.2.5 Arrest and Bench Warrants 1.2.6 Subpoenas 1.2.7 Contempt 1.2.8 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 1.3.8 Use of Interpreters 1.4 Municipal Judge 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 Municipal Court Clerk June 2009--------------------------------------------------------------------------------------------------------------Page i Table of Contents---------------------------------------------------------------------------------------------------------------- 1.5.1 Qualifications 1.5.2 Court Clerk Responsibility 1.5.3 Role of the Court Clerk 1.5.4 General Duties of a Court Clerk 1.5.5 Training 1.6 Ethics 1.6.1 Code of Judicial Conduct 1.6.2 Court Staff Code of Conduct 1.6.3 Oversight of the Courts 2. Procedures Before Trial 2.1 Criminal Actions 2.2 Petty Misdemeanor Procedural Requirements 2.2.1 Petty Misdemeanor Under Municipal Ordinance 2.2.2 Jurisdiction 2.2.3 Venue 2.2.4 Time Limits 2.2.5 Determination of Competency 2.3 Initiation of a Case 2.3.1 Complaints and Citations 2.3.2 Case Files 2.3.3 Criminal Summons 2.3.4 Arrest Without a Warrant 2.3.5 Preliminary Rights 2.3.6 Probable Cause Determination 2.3.7 Arrest Warrant 2.4 Arraignment 2.4.1 Definition and Waiver of Arraignment 2.4.2 Explanation of Rights 2.4.3 Representation by Counsel 2.4.4 Entry of Plea 2.4.5 Scheduling Trials or Hearings 2.5 Dismissal 2.5.1 Definitions 2.5.2 Voluntary Dismissal by Prosecution 2.5.3 Dismissal for Failure to Prosecute 2.6 Other Preliminary Matters 2.6.1 Discovery 2.6.2 Pretrial Conference 2.6.3 Motions 2.6.4 Filing and Service by Fax 2.6.5 Filing and Service by Electronic Transmission 2.7 Excusal and Recusal 2.7.1 Excusal 2.7.2 Recusal 2.7.3 Procedure for Replacing a Judge Upon Recusal Page ii--------------------------------------------------------------------------------------------------------------June 2009 ----------------------------------------------------------------------------------------------------------------Table of Contents 3. Release and Bail 3.1 General Bond Information 3.1.1 Definitions 3.1.2 Purpose of Bail 3.1.3 Methods of Posting Bail 3.1.4 Requirements of Bonding Agencies 3.2 Conditions of Release 3.2.1 General 3.2.2 Factors in Setting Conditions 3.2.3 Specific Conditions 3.2.4 Release Proceedings 3.2.5 Release Forms 3.2.6 Continuation and Review of Release 3.2.7 Failure to Comply with Conditions 3.2.8 Failure to Appear 3.3 Bonds 3.3.1 General 3.3.2 Appearance Bond: Unsecured 3.3.3 Appearance Bond: Partial Cash Deposit 3.3.4 Appearance Bond: Full Cash Deposit 3.3.5 Bail Bond: Execution 3.3.6 Bail Bond: Discharge of Surety 3.3.7 Exoneration 3.3.8 Forfeiture 3.3.9 Appeal Bonds 3.4 Court Clerk’s Responsibilities 3.4.1 When the Bond is Posted 3.4.2 When the Bond is Exonerated or Converted 3.4.3 Forfeiture Proceedings for Court Clerks 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 June 2009--------------------------------------------------------------------------------------------------------------Page iii Table of Contents---------------------------------------------------------------------------------------------------------------- 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 Contents 5.3 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 Clerk’s Role in the Courtroom During Trial 7.7 Preservation and Disposition of Exhibits 7.7.1 Preservation 7.7.2 Return to Court for Appeal 7.7.3 Final Disposition Page iv--------------------------------------------------------------------------------------------------------------June 2009 ----------------------------------------------------------------------------------------------------------------Table of Contents 8. Judgment, Sentence and Appeal 8.1 Judgment and Sentence 8.1.1 Procedures 8.1.2 Sentencing Forms 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 8.2.5 Modification of Sentence 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 June 2009--------------------------------------------------------------------------------------------------------------Page v Table of Contents---------------------------------------------------------------------------------------------------------------- 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. Traffic and DWI Procedures for Courts 11.1 Traffic Offenses 11.2 Traffic Case Types 11.2.1 Penalty Assessment Misdemeanors 11.2.2 Mandatory Court Appearance 11.2.3 Arrestable Offences 11.3 Traffic Case Processing 11.4 Court Procedures for Failure to Appear or Pay by New Mexico Resident 11.4.1 Failure to Pay or Appear 11.4.2 Violator Pays or Appears 11.5 Court Procedures for Failure to Appear or Pay by Non-Resident Violator 11.5.1 Procedures for the Non-Resident Violator Compact (NRVC) 11.5.2 Procedures for Failure to Appear or Pay by Non-Residents 11.5.3 Procedures for Violator Payments Under NRVC 12.
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