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TSIOSDIA v. RAINALDI

No. 10456.

547 P.2d 553 (1976)

89 N.M. 70

Lena TSIOSDIA and Lawrence Long, Jerome Tracey, Petitioners-Appellants, v. The HON. Lidio RAINALDI and the Police Magistrate Court In and For the Municipality of Gallup, Respondents-Appellees; The CITY OF GALLUP and the State of New Mexico, Real Parties in Interest.

Supreme Court of New Mexico.

March 23, 1976.

Attorney(s) appearing for the Case

Michael Celestre, Alan R. Taradash, Window Rock, Ariz., for appellants.

James L. Parmelee, Jr., Gallup, for appellees.

Toney Anaya, Atty. Gen., Warren O.F. Harris, F. Scott MacGillivray, Asst. Attys. Gen., Sutin, Thayer & Browne, Richard L.C. Virtue, Santa Fe, for amici curiae.

OPINION

SOSA, Justice.

We are confronted here with the question whether allowing non-attorney police court judges to preside over criminal cases arising from violations of municipal ordinances which are punishable by incarceration violates rights guaranteed by the state and federal constitutions to the defendants in these proceedings. We have decided that this practice does not violate the constitutional rights of such defendants.

Applicants-appellants...

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