N.M. Stat. » N.M. Stat. / Chapter 35 / Article 15
New Mexico Statutes

N.M. Stat. § 35-15-11 (2026)

Municipality may appeal.

✓ current as of May 2026
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The municipality shall have the right to appeal to the district court from the municipal
court and to the supreme court from any decision of the district court in every case
brought for the violation of an ordinance of said municipality. The municipality shall be
allowed an appeal from the municipal court to the district court only when the municipal
court has held an ordinance or section thereof invalid or unconstitutional or that the
complaint is not legally sufficient.

History: Laws 1935, ch. 28, § 1; 1941 Comp., § 39-214; 1953 Comp., § 38-1-14; Laws
1959, ch. 169, § 9.

                                      ANNOTATIONS
Right of municipality to appeal from municipal court to district court. — N.M.
Const., art. VI, § 27 confers upon a municipality a constitutional right to appeal an
adverse final judgment or decision from a municipal to district court and the legislature
may not abridge that right. City of Las Cruces v. Sanchez, 2007-NMSC-042, 142 N.M.
243, 164 P.3d 942.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations
§§ 386 to 397.

Right of municipal corporation to review of an unfavorable decision in an action or
prosecution for violation of a municipal ordinance, 11 A.L.R.4th 399.

62 C.J.S. Municipal Corporations § 364.
Notes of Decisions
Cited in 9 cases, 2007–2014 · leading case: City of Las Cruces v. Sanchez, 164 P.3d 942 (N.M. 2007).
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City of Las Cruces v. Sanchez, 164 P.3d 942 (N.M. 2007). · cites it 26× “” The district court relied upon NMSA1978, § 35-15-11 (1959), which states: The municipality shall have the right to appeal to the district court from the municipal court and to the supreme court from any decision of the district court in every case brought for the violation of…”
City of Santa Fe v. Marquez, 2012 NMSC 31 (N.M. 2012). · cites it 4× “The City now brings this direct appeal pursuant to NMSA 1978, Section 35-15-11 (1959) (providing municipalities with “the right to appeal.”
City of Santa Fe v. Martinez, 242 P.3d 275 (N.M. 2010). · cites it 2× “After an evidentiary hearing, the district court found Sergeant Baker’s arrest of Defendant unlawful based on a violation of the misdemeanor arrest rule, and dismissed Defendant’s aggravated DWI charge. The district court did not address whether the arrest was constitutionally…”
City of Las Cruces v. Sanchez, 210 P.3d 212 (N.M. 2009). · cites it 2× “See NMSA 1978, § 35-15-11 (1959), invalidated in part by Sanchez, 2007-NMSC-042 .”
City of Las Cruces v. Rogers, 215 P.3d 728 (N.M. 2009). · cites it 3× “Thereafter, Defendant was arrested and charged in municipal court with DWI contrary to LCMC Section 27-12-6-12.”
State v. Baca, 2013 NMCA 060 (N.M. 2013). · cites it 2× “NMSA 1978, § 35-15-11 (1959) (stating that a municipality may appeal to the Supreme Court from any final decision of the district court on appeal from the municipal court).”
State v. Baca, 2013 NMCA 60 (N.M. Ct. App. 2013). · cites it 2× “NMSA 1978, § 35-15-11 (1959) (stating that a municipality may appeal to the Supreme Court from any final decision of the district court on appeal from the municipal court).”
State v. Baca (N.M. Ct. App. 2013). · cites it 2× “NMSA 1978, § 35-15-11 (1959) (stating that a municipality may appeal to the Supreme Court from any final decision of the district court on appeal from the municipal court).”
Silver City v. Ferranti (N.M. 2014). · cites it 2× “See NMSA 1978, § 35-15-11 (1959) (“[A] 9 municipality shall have the right to appeal to .”
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