SENATE BILL 341

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

John Arthur Smith

AN ACT

RELATING TO COURTS; ELIMINATING A MAGISTRATE JUDGE POSITION IN THE LEA MAGISTRATE DISTRICT; DECLARING AN EMERGENCY.

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

     Section 1. 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, 2007, 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. On January 1, 2007, there shall be four magistrates in the Lea magistrate district, division 4 in Lovington, divisions 1 and 2 operating as a single court in Hobbs and division 3 in Eunice. The division 4 magistrate shall ride circuit to Tatum on a regularly scheduled basis. The division 3 magistrate shall ride circuit to Jal on a regularly scheduled basis and shall ride circuit to Hobbs as needed.

          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 divisions, but shall have district-wide jurisdiction. For the 2006 and subsequent elections, the composition of the divisions for elections and residence purposes is as follows:

                (1) division 1 is composed of Lea county precincts 23 through 30, 32 and 41 through 43;

                (2) division 2 is composed of Lea county precincts 33 through 35, 44, 51 through 55 and 61;

                (3) division 3 is composed of Lea county precincts 20, 22, 31, 36, 62 and 71 through 74; and

                (4) division 4 is composed of Lea county precincts 2, 3, 10 through 18 and 21."

     Section 2. 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 court 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 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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