45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO COURTS; PROVIDING FOR ADDITIONAL MAGISTRATES AND CLERKS IN THE DONA ANA MAGISTRATE DISTRICT; PROVIDING FOR APPOINTMENT AND ELECTION OF THE MAGISTRATES; AMENDING A SECTION OF THE NMSA; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 35-1-10 NMSA 1978 (being Laws 1968, Chapter 62, Section 12, as amended) is amended to read:

"35-1-10. MAGISTRATE COURT--DONA ANA DISTRICT.--There shall be [four] six magistrates in Dona Ana magistrate district. Divisions 1, 2, 3, [and] 4, 5 and 6 shall operate as a single court in Las Cruces and shall rotate riding circuit to Anthony and Hatch on a regularly scheduled basis."

Section 2. TEMPORARY PROVISION--DONA ANA MAGISTRATES--APPOINTMENT AND ELECTION.--The offices of magistrate in Dona Ana magistrate divisions 5 and 6 shall be filled by appointment by the governor. The appointed magistrates shall begin serving on July 1, 2001 and shall serve until succeeded by a magistrate elected at the general election in 2002. The elected magistrates' terms of office shall begin on January 1, 2003.

Section 3. APPROPRIATION.--Six hundred thirty thousand dollars ($630,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2002 for salaries and benefits for two additional judges and ten additional clerks in the Dona Ana magistrate district. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.