Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 69-11

Collection Attorney General Opinions and Advisory Letters
Date 02/18/1969
File Number 1969 Op. Att'y Gen. No. 69-11
Citations - New Mexico Laws and Court Rules
Constitution of New Mexico - cited by 6,033 documents

Decision Content

Opinion No. 69-11

February 18, 1969

BY: OPINION OF JAMES A. MALONEY, Attorney General Oliver H. Miles, Assistant Attorney General

TO: Honorable Raymond O. Polk, Mayor, Village of Hatch, Hatch, New Mexico

QUESTIONS

QUESTIONS

Can one who resides outside the corporate limits of a municipality be appointed by the governing body to fill a vacancy for the office of municipal judge?

CONCLUSION

No.

OPINION

{*18} ANALYSIS

The governing body of a municipality may fill vacancies by appointment of a municipal judge to serve until the next regular election. Section 37-1-4, N.M.S.A., 1953 Compilation.

Article V, Section 13 of the New Mexico Constitution (1967 P.S.) provides:

"[Residence of public officers.] All district, county, precinct and municipal officers, shall be residents of the political subdivisions for which they are elected or appointed." (Emphasis added).

Municipal judges are elected officials, Section 14-9-1, N.M.S.A., 1953 Compilation and therefore are within the scope of Article V, Section 13 cited above. The clear import of these provisions is that a municipal judge must be a resident of the municipality which he serves.

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