State Ex Rel. Miera v. Chavez

CARMODY, Justice.

The sole question is whether a police magistrate can be disqualified under a statute which provides for disqualification of justices of the peace.

Petitioner-appellant was charged with violations of certain ordinances of the city of Santa Fe, and filed an affidavit to the effect that Rumaldo E. Chavez, as police magistrate, could not, in the belief of affiant, preside over the case with impartiality. The affidavit was in a form as would comply with § 36-3-11, N.M.S.A. 1953, relating to the disqualification of justices of the peace. Judge Chavez refused to recognize the…