The Municipal Court of the City of Roswell operates with seven full time employees in addition to the elected judge. These include one Court Clerk, five Deputy Clerks and one Bailiff.. The Court hears cases involving all types of violations of city ordinances as contained in the Roswell Municipal Code. They range from criminal violations, traffic violations (as contained in both the Roswell Municipal Code and the New Mexico Uniform Traffic Code), Code Enforcement matters, Animal Control matters and some violations contained in the City of Roswell Zoning Ordinance.

In addition, the Court is responsible for accounting for bail bonds received, as well as receiving payments for fines imposed.

The qualifications for the City of Roswell Municipal Judge (Roswell Municipal Code section 15-1) is as follows:

The current sitting judge is Larry Loy. Judge Loy is a native New Mexican and graduated from Roswell High School. He is married and had two children and three grandchildren.

Judge Loy was a Los Angeles Police officer for nine years. He moved back to Roswell and was a City Roswell Police Officer from 1979 to 1991. He left the Roswell Police Department as the deputy chief and was promoted to Public Safety Director. Judge Loy is a FBI National Academy graduate. He was the Public Safety Director for four years whereupon there was a city wide reassignment of departments. Judge Loy was then the Special Services Administrator. In that capacity he was the department head over Animal Control, Code Enforcement, Emergency Management and Community Enhancement until his Retirement in August 2007.

In August of 2007 Judge Loy was appointed Municipal Judge and currently serves in that capacity.

From time to time a temporary judge will sit on the bench. Roswell Municipal Code section 15-5 makes provision for this position saying:

There are two individuals who Judge Loy has used and are authorized to act in this capacity and they are Clyde McKee and Billy V. Carpenter. Both temporary judges have previous judicial experience.

You have entered a plea of "Not Guilty" to a charge of a city ordinance to include traffic offenses in the Municipal Court. The following information is designed to help you through the Municipal Court procedures. If you have any questions, you may ask the clerk. However, they cannot answer legal questions, only an attorney is authorized to answer legal questions and give legal advise.

You have the right to remain silent. Anything you say may be used against you. You have the right to speak to an attorney and to have an attorney represent you during the entire court proceedings. An attorney may be appointed to you if you prove you can not afford one. You have the right to represent yourself, but you must waive the right to an attorney before you can exercise that right. You have the right to testify in your defense, have witnesses compelled to testify for you and bring evidence to the court. You have the right to cross-examine anyone testifying against you.

You have the right against self incrimination however, if you do testify on your own behalf, the prosecution has the right to cross examine you. No inference of guilt will be taken if you choose to not testify on your own behalf. It is the prosecution’s burden to prove your guilt beyond a reasonable doubt, not your responsibility to prove your innocence.

If you cannot afford an attorney, one will be appointed to you if you qualify. You must complete a form telling the court about your financial condition. All questions must be answered. If you are unemployed and have no means of support, you must explain how you are living, (with parents, friends, etc.). The information you provide will be verified. This form must be signed in front of a public notary, which can be done at the municipal court. This form must be turned in to the court within 48 hours after arraignment. If you fail to complete this form and return it to the court, you will not have an attorney for your trial. If you qualify, an attorney will be appointed. If you do not hear from your attorney within two weeks of your arraignment, you may call the Municipal Court (624-6725) and they will advise you who was assigned to your case. If you are denied, you will be advise by letter within two weeks of your arraignment. You will then have to hire your own attorney or represent yourself (Pro-Se) at the trial.

The only time you will be appointed an attorney if you can not afford one is if the court will be considering incarceration as part of the sentence if you are found guilty.

Pro- Se means to represent yourself. If you do not wish to have an attorney or you are denied an attorney, you will be asked to sign a Waiver of Counsel to be able to continue as a Pro-Se. You need to be prepared to present your case on the day of the trial. It is advisable to do some research at the library and have all the necessary documentation and evidence ready for the trial. Remember, you are acting as your own attorney.

You have the right to have persons subpoenaed to testify in your behalf. When you plead Not Guilty, request a witness list. You will be required to list the names, addresses and phone numbers for each person you wish to be subpoenaed. This list must be returned to the court within two working days. A witness must have been present at the time of the incident or have first hand-knowledge about the incident or crime.

You have the right to present evidence at the trial. Evidence is presented at the time you testify. The evidence will be shown to the other party in the case. They will have the right to object to it being admitted. You also have the right to object to any evidence presented against you. A reason for the objection must be given. The judge will rule in any objections prior to admission of the evidence.

You will be given a trial date during the arraignment in which you plead not guilty.

The date will be set at the earliest convenience of the court. Trials are normally held between the hours of 10:00 AM and 4:00 PM, Tuesday, Wednesday and Thursday. A trial may be reset at the discretion of the court. Trials are normally not reset due to the crowded docket call. However, if you need your case reset for any reason, it must be requested in writing. The request must be from either the prosecution or defense. Requests from witnesses will not be considered. The specific reason for the request must be stated, and include the defendant’s name, the docket number, the date and time of the trial. The judge will review each request and will either grant or deny the request.

There are three pleas that are accepted in Municipal Court and they are: Not guilty, Guilty and Nolo Contendere (no contest). Not guilty and guilty are self explanatory. The plea of nolo contendere is a plea having the same legal effect as a plea of guilty in a criminal case; may not be used in a civil action related to the criminal charge. A plea of nolo contendere for a traffic citation that resulted from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident.

The court accepts citizen complaints. There are no fees for this activity. The court staff is prohibited from assisting the complainant with any part of the complaint form as to how to word the narrative or provide legal advice. You are required to cause a police report be made and provide court staff with a copy. The judge will not see the report. A criminal complaint form will be provided and once it is completed it must be returned to the court for judicial approval.

The judge will examine the document for sufficient probable cause stated in the complaint form narrative (you may use additional sheets if you believe it necessary) to warrant the issuance of a summons to the listed defendant. If the complaint is denied, the reason(s) will be provided so the complainant can correct them. If the complaint is approved, a summons will be issued to the listed defendant to appear before the court to respond to the charges with a plea.

It is the City Attorney’s prerogative as to whether that office will prosecute the complaint. If the City Attorney declines to prosecute then the complainant will be required to present their case to the judge in court for a guilt or not guilty determination. The complainant may only retain an attorney to present the case if the City Attorney approves the request. The defendant may retain their own attorney to represent them.

ALTERNATIVE SENTENCING

The court strives to utilize various forms of alternative sentencing methods. There are a number of programs that may be appropriate for the defendant who has pled guilty or found guilty and it depends on what the judge believes will best benefit the defendant and the community.

Alternative sentencing may include a requirement to complete specific types of counseling, participate in an appropriate form of community service within the community, or any number of other activities the judge may deem appropriate. If you live in another community it is possible you may be allowed to do community service in that community. The ultimate goal is to do that which will best serve the person and the community.

We all do, the community, the defendant and the agency for whom the defendant is working. Also the participating non-profit community organizations in the program such as United Way agencies, City, County and State government agencies. To volunteer to be an agency please call (505) 624-6725 and ask for the bailiff.

The only non-governmental agencies that may use community service workers are non-profit agencies as identified by the federal government.

Who Assigns Volunteers?

The judge will assign a specified number of days (one day is the equilivant of eight (8) hours) to be performed. The appropriate Municipal Court staff will then assign the volunteer to a specific agency. This may be changed by the judge.

The person may be assigned to work under the supervision of city employees or to a participating agency.

Each agency participating in the program must have at least one person who will supervise the community service volunteers and keep a record of the volunteer’s hours. The court will provide a form to record all hours performed. When all the hours assigned are completed, the volunteer is responsible to return the record to the court in order to receive constructive credit.

The volunteer is encouraged to keep a record of their hours worked in the event there is a discrepancy between the supervisor’s record and the volunteer’s record.

Volunteers must perform satisfactorily and perform the hours on a regular basis according to the contract. The court expects the volunteer to work, be on time and perform as any other employee. If it is not done in this manner, the agency will call the Municipal Court bailiff, and have the volunteer report back to the court. The judge then will be notified and he will take the appropriate action.

While working community service, the volunteer is a visible representative of the entity they are working for and they will conduct themselves appropriately.

Officers of the Court

Female attorneys shall wear dresses, dress suits, dress slacks or dress slacks suits while attending or appearing before the court. " Levis", "blue jeans" pants or similar pants are allowed if worn with sport or suit coat.

Male attorneys shall wear sport or suit coats, slacks and ties or bolo ties while attending or appearing before the court, unless some physical reason prevents the wearing of such articles. "Levis" "blue jeans" pants or similar pants are allowed if worn with sport or suit coat.

Law enforcement officers attending court during regular sessions of court shall wear the uniform prescribed denoting such officers to be on official duty at the time or comply with the paragraphs above.

General Public

The following items are not allowed in the courtroom:

Violation of the above rules may result in direct contempt with fines of $120.00 or 20 days in jail or both.

420 North Richardson Ave. Roswell, NM

PO Box 2124 Roswell, NM 88202-2124

(505) 624-6725

(505) 624-6763

BUSINESS HOURS

Monday through Thursday – 8:00 AM until 12:00 Noon and 1:00 PM until 5:45 PM

Friday – 8:00 AM until 12:00 Noon

Arraignments

Monday through Friday – 9:00 AM until completion

Criminal Hearings (Trials)

Tuesday through Thursday (Set under a weekly docket call)

Court Holidays

The City observes eight (8) holidays per year as follows:

New Year’s Day January 1

President’s Day Third Monday in February

Memorial Day Last Monday in May

Independence Day July 4

Labor Day First Monday in September

Thanksgiving Day Fourth Thursday in November

Thanksgiving Holiday Friday following Thanksgiving

Christmas Day December 25