SENATE BILL 239

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO MAGISTRATE COURTS; ELIMINATING CIRCUITS IN THE COLFAX, GUADALUPE, LEA AND QUAY MAGISTRATE DISTRICTS; MOVING THE THOREAU DIVISION TO GALLUP IN THE MCKINLEY DISTRICT; ELIMINATING A DIVISION IN THE LEA MAGISTRATE DISTRICT.

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.--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.]"

     Section 2. 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.--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.]"

     Section 3. 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. Through December 31, 2010, 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] The division 4 magistrate shall ride circuit to Lovington, Hobbs and Eunice.

          B. On January 1, 2011, there shall be four magistrates in the Lea magistrate district, divisions 1 and 2 operating as a single court in Hobbs, division 3 in Eunice and division 4 in Lovington.

          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 2010 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 4. 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.--There shall be three magistrates in McKinley magistrate district, divisions 1, [and] 2 and 3 operating as a single court in Gallup [and division 3 in Thoreau]."

     Section 5. 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.--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.]"

     Section 6. TEMPORARY PROVISION--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 eliminated division in the Lea district 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 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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