HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR
HOUSE BILL 439
48th legislature - STATE OF NEW MEXICO - second session, 2008
AN ACT
RELATING TO COURTS; CREATING ADDITIONAL JUDGESHIPS IN THE FIRST, THIRD, EIGHTH AND THIRTEENTH JUDICIAL DISTRICTS; CREATING AN ADDITIONAL BERNALILLO METROPOLITAN COURT JUDGESHIP; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 34-6-4 NMSA 1978 (being Laws 1968, Chapter 69, Section 7, as amended) is amended to read:
"34-6-4. JUDGES--FIRST JUDICIAL DISTRICT.--There shall be [seven] eight district judges in the first judicial district."
Section 2. Section 34-6-6 NMSA 1978 (being Laws 1968, Chapter 69, Section 9, as amended) is amended to read:
"34-6-6. JUDGES--THIRD JUDICIAL DISTRICT.--There shall be [eight] nine district judges in the third judicial district."
Section 3. Section 34-6-11 NMSA 1978 (being Laws 1968, Chapter 69, Section 14, as amended) is amended to read:
"34-6-11. JUDGES--EIGHTH JUDICIAL DISTRICT.--There shall be [two] three district judges in the eighth judicial district serving divisions one and two. One of the judges shall maintain [his] the judge's principal office in Colfax or Union county, and the other [judge] two judges shall maintain [his] their principal [office] offices in Taos county. The chief judge of the eighth judicial district shall be selected by a majority of the district judges in that district. In the event of a tie, the senior judge shall be the chief judge."
Section 4. Section 34-6-16 NMSA 1978 (being Laws 1971, Chapter 52, Section 3, as amended) is amended to read:
"34-6-16. JUDGES--THIRTEENTH JUDICIAL DISTRICT.--There shall be [seven] eight district judges in the thirteenth judicial district. The judges of divisions one, three, [and] six and eight shall reside and maintain their principal offices in Valencia county. The judges of divisions two, five and seven shall reside and maintain their principal offices in Sandoval county. The judge of division four shall reside and maintain the judge's principal offices in Cibola county."
Section 5. Section 34-8A-8 NMSA 1978 (being Laws 1979, Chapter 346, Section 8, as amended) is amended to read:
"34-8A-8. METROPOLITAN COURT--BERNALILLO DISTRICT.--
A. The name of the metropolitan court in the Bernalillo metropolitan district shall be the "Bernalillo county metropolitan court".
B. The metropolitan court is an agency of the judicial department of state government. Personnel of the metropolitan court are subject to all laws and regulations applicable to state officers and agencies and state officers and employees, except where otherwise specifically provided by law.
C. There shall be [nineteen] twenty judges of the Bernalillo county metropolitan court."
Section 6. TEMPORARY PROVISION--DISTRICT AND METROPOLITAN JUDGES--APPOINTMENTS.--The additional district and metropolitan judgeships provided for in this 2008 act shall be filled by appointment by the governor pursuant to the provisions of Article 6 of the constitution of New Mexico.
Section 7. APPROPRIATIONS.--
A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2009 for the following purposes:
(1) two hundred seventeen thousand five hundred thirty-five dollars ($217,535) to the first judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(2) two hundred seventeen thousand five hundred thirty-five dollars ($217,535) to the third judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(3) two hundred seventeen thousand five hundred thirty-five dollars ($217,535) to the eighth judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(4) two hundred seventeen thousand five hundred thirty-five dollars ($217,535) to the thirteenth judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff; and
(5) two hundred ten thousand five hundred seventy-two dollars ($210,572) to the Bernalillo county metropolitan court for salaries and benefits and furniture, supplies and equipment for one additional judge and support staff.
B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
Section 8. APPROPRIATIONS.--
A. The following amounts are appropriated from the general fund to the following entities for expenditure in fiscal year 2009 for the following purposes:
(1) fifty thousand thirty-nine dollars and fifty cents ($50,039.50) to the first judicial district attorney to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased district court workload;
(2) one hundred three thousand five hundred dollars ($103,500) to the public defender department to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased workload in the first judicial district and for contractual services in that district;
(3) fifty thousand thirty-nine dollars and fifty cents ($50,039.50) to the third judicial district attorney to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased district court workload;
(4) one hundred three thousand five hundred dollars ($103,500) to the public defender department to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased workload in the third judicial district and for contractual services in that district;
(5) fifty thousand thirty-nine dollars and fifty cents ($50,039.50) to the eighth judicial district attorney to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased district court workload;
(6) sixty-three thousand four hundred dollars ($63,400) to the public defender department to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased workload in the eighth judicial district and for contractual services in that district;
(7) fifty thousand thirty-nine dollars and fifty cents ($50,039.50) to the thirteenth judicial district attorney to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased district court workload;
(8) twenty-five thousand dollars ($25,000) to the public defender department for contractual services due to an increased workload in the thirteenth judicial district;
(9) forty-seven thousand four dollars and fifty cents ($47,004.50) to the second judicial district attorney to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased workload in the Bernalillo county metropolitan court; and
(10) one hundred three thousand five hundred dollars ($103,500) to the public defender department to provide salaries and benefits, furniture, supplies and equipment for additional staff due to an increased workload in the Bernalillo county metropolitan court and for contractual services to address the increased workload in that court.
B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
Section 9. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2009.
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