45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO MAGISTRATE COURTS; ELIMINATING CERTAIN COURTS AND JUDGESHIPS; INCREASING THE NUMBER OF JUDGES IN CERTAIN MAGISTRATE DISTRICTS; PROVIDING FOR THE REALLOCATION OF JUDICIAL RESOURCES; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. Section 35-1-7 NMSA 1978 (being Laws 1968, Chapter 62, Section 9, as amended) is amended to read:

"35-1-7. MAGISTRATE COURT--COLFAX DISTRICT.--

A. Until July 1, 2002, there shall be two magistrates in Colfax magistrate district, division 1 in Raton and division 2 in Springer. The magistrates shall ride circuit to Cimarron on a regularly scheduled basis.

B. Effective July 1, 2002, there shall be two magistrates in Colfax magistrate district, division 1 in Raton and division 2 in Springer.

C. Effective January 1, 2003, there shall be one magistrate in Colfax magistrate district whose principal court is in Raton. The magistrate shall ride circuit to Springer on a regularly scheduled basis."

Section 2. Section 35-1-11 NMSA 1978 (being Laws 1968, Chapter 62, Section 13, as amended) is amended to read:

"35-1-11. MAGISTRATE COURT--EDDY DISTRICT.--

A. Until January 1, 2003, there shall be three magistrates in Eddy magistrate district, divisions 1 and 2 in Carlsbad operating as a single court and division 3 in Artesia.

B. Effective January 1, 2003, there shall be two magistrates in Eddy magistrate district, divisions 1 and 2 operating as a single court in Carlsbad. A magistrate shall ride circuit to Artesia on a regularly scheduled basis.

C. Magistrate judges shall not be elected at-large from the district, but shall be elected by the voters of the division for which the magistrate sits. Magistrate judges shall reside in their division but shall have district-wide jurisdiction. The composition of the divisions for elections and residence purposes is as follows:

(1) division 1 is composed of Eddy county precincts 9 through 16 and 31 through 33; and

(2) division 2 is composed of Eddy county precincts 1 through 8, 17 through 21, 23, 25 through 30 and 34 through 45."

Section 3. Section 35-1-12 NMSA 1978 (being Laws 1968, Chapter 62, Section 14) is amended to read:

"35-1-12. MAGISTRATE COURT--GRANT DISTRICT.--

A. Until January 1, 2003, there shall be two magistrates in Grant magistrate district, division 1 in Silver City and division 2 in Bayard.

B. Effective January 1, 2003, there shall be one magistrate in Grant magistrate district with a court in Silver City."

Section 4. Section 35-1-13 NMSA 1978 (being Laws 1968, Chapter 62, Section 15, as amended) is amended to read:

"35-1-13. MAGISTRATE COURT--GUADALUPE DISTRICT.--

A. Until July 1, 2002, there shall be one magistrate in Guadalupe magistrate district whose principal court is in Santa Rosa. The magistrate shall ride circuit to Vaughn on a regularly scheduled basis.

B. Effective July 1, 2002, there shall be one magistrate in Guadalupe magistrate district with a court in Santa Rosa."

Section 5. Section 35-1-16 NMSA 1978 (being Laws 1968, Chapter 62, Section 18, as amended) is amended to read:

"35-1-16. MAGISTRATE COURT--LEA DISTRICT.--

A. Until January 1, 2003, there shall be five magistrates in Lea magistrate district, division 1 in Lovington, divisions 2 and 5 operating as a single court in Hobbs, division 3 in Eunice and division 4 in Tatum. The division 3 magistrate shall ride circuit to Jal on a regularly scheduled basis and shall ride circuit to Hobbs as needed.

B. Effective January 1, 2003, there shall be three magistrates in Lea magistrate district, division 1 in Lovington and divisions 2 and 3 operating as a single court in Hobbs.

C. Magistrate judges shall not be elected at-large from the district, but shall be elected by the voters of the division for which the magistrate sits. Magistrate judges shall reside in their division but shall have district-wide jurisdiction. The composition of the divisions for elections and residence purposes is as follows:

(1) division 1 is composed of Lea county precincts 2, 3, 10 through 18, 20 through 24, 26 and 30;

(2) division 2 is composed of Lea county precincts 35, 51 through 55 and 61; and

(3) division 3 is composed of Lea county precincts 25, 27 through 29, 31 through 34, 36, 41 through 44, 62 and 71 through 74."

Section 6. Section 35-1-17 NMSA 1978 (being Laws 1968, Chapter 62, Section 19, as amended) is amended to read:

"35-1-17. MAGISTRATE COURT--LINCOLN DISTRICT.--

A. Until January 1, 2003, there shall be two magistrates in Lincoln magistrate district, division 1 in Carrizozo and division 2 in Ruidoso.

B. Effective January 1, 2003, there shall be one magistrate in Lincoln magistrate district whose principal court is in Ruidoso. The magistrate shall ride circuit to Carrizozo on a regularly scheduled basis."

Section 7. Section 35-1-20 NMSA 1978 (being Laws 1968, Chapter 62, Section 22, as amended) is amended to read:

"35-1-20. MAGISTRATE COURT--MCKINLEY DISTRICT.--

A. Until July 1, 2002, there shall be three magistrates in McKinley magistrate district, divisions 1 and 2 operating as a single court in Gallup and division 3 in Thoreau.

B. Effective July 1, 2002, there shall be three magistrates in McKinley magistrate district, divisions 1, 2 and 3 operating as a single court in Gallup."

Section 8. Section 35-1-23 NMSA 1978 (being Laws 1968, Chapter 62, Section 25, as amended) is amended to read:

"35-1-23. MAGISTRATE COURT--QUAY DISTRICT.--

A. Until July 1, 2002, there shall be one magistrate in Quay magistrate district whose principal court is in Tucumcari. The magistrate shall ride circuit to San Jon on a regularly scheduled basis.

B. Effective July 1, 2002, there shall be one magistrate in Quay magistrate district with a court in Tucumcari."

Section 9. Section 35-1-29 NMSA 1978 (being Laws 1968, Chapter 62, Section 31, as amended) is amended to read:

"35-1-29. MAGISTRATE COURT--SANTA FE DISTRICT.--

A. Until July 1, 2002, there shall be three magistrates in Santa Fe magistrate district, divisions 1, 2 and 3 operating as a single court in Santa Fe; however, one magistrate shall ride circuit to Pojoaque on a regularly scheduled basis.

B. Effective July 1, 2002, there shall be four magistrates in Santa Fe magistrate district, divisions 1, 2, 3 and 4 operating as a single court in Santa Fe."

Section 10. Section 35-1-32 NMSA 1978 (being Laws 1968, Chapter 62, Section 34, as amended) is amended to read:

"35-1-32. MAGISTRATE COURT--TAOS DISTRICT.--

A. Until July 1, 2002, there shall be two magistrates in Taos magistrate district, divisions 1 and 2 operating as a single court in Taos. The magistrates shall rotate riding circuit to Questa on a regularly scheduled basis.

B. Effective July 1, 2002, there shall be two magistrates in Taos magistrate district, divisions 1 and 2 operating as a single court in Taos.

C. Effective January 1, 2003, there shall be one magistrate in Taos magistrate district with a court in Taos."

Section 11. Section 35-1-33 NMSA 1978 (being Laws 1968, Chapter 62, Section 35, as amended) is amended to read:

"35-1-33. MAGISTRATE COURT--TORRANCE DISTRICT.--

A. Until July 1, 2002, there shall be one magistrate in Torrance magistrate district whose principal court is in Moriarty. The magistrate shall ride circuit to Estancia on a regularly scheduled basis.

B. Effective July 1, 2002, there shall be one magistrate in Torrance magistrate district with a court in Moriarty."

Section 12. TEMPORARY PROVISION--COURT CLOSURES--CLERK

POSITIONS--OTHER RESOURCES.--The magistrate court clerk positions assigned to the magistrate courts shall not be decreased as a result of this act, but the administrative office of the courts shall reassign positions from the abolished courts to other magistrate courts. The administrative office of the courts shall reassign other resources, including furniture, equipment and supplies, to other magistrate courts as needed.

Section 13. TEMPORARY PROVISION--APPOINTMENT--ELECTION.--

A. The additional magistrate in Santa Fe magistrate district shall be filled by appointment by the governor to begin serving on July 1, 2002. The appointed magistrate shall serve until his successor has been elected and qualified.

B. The first full term of office of magistrate created in this act shall be filled by election at the general election held in 2002, and the term of office shall begin on January 1, 2003.

Section 14. APPROPRIATION.--

A. Ninety-nine thousand one hundred ten dollars ($99,110) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2003 to pay salaries and benefits of a new magistrate in Santa Fe county and the cost of establishing the new judgeship, including additional staff if necessary. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.

B. Seventy-five thousand nine hundred twenty-five dollars ($75,925) is appropriated from the general fund to the first judicial district attorney for expenditure in fiscal year 2003 to provide salaries and benefits and furniture, supplies and equipment for additional staff due to the increased workload in the Santa Fe magistrate court. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.

C. One hundred three thousand dollars ($103,000) is appropriated from the general fund to the public defender department to provide salaries and benefits and furniture, supplies and equipment for additional public defender attorneys and support staff and to provide for costs of contract and conflict counsel due to increased workload in the Santa Fe magistrate court. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.

Section 15. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.