Opinion No. 69-11
February 18, 1969
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.