SENATE BILL 434

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO PROBATE JUDGES; ESTABLISHING MINIMUM QUALIFICATIONS TO SERVE AS PROBATE JUDGE.

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

     SECTION 1. Section 34-7-1 NMSA 1978 (being Laws 1865, Chapter 21, Section 1, as amended) is amended to read:

     "34-7-1. PROBATE JUDGE--AUTHORIZED--QUALIFICATIONS.--

          A. There shall be a probate judge in each county of this state. The position of probate judge shall be deemed a part-time position.

          B. In counties with a population greater than six hundred thousand persons in the most recent federal decennial census, no person is eligible for election to the office of probate judge unless the person:

                (1) is a member in good standing of the bar association of this state, is licensed to practice law in this state and has at least two years' experience as a licensed attorney; or

                (2) holds the office of probate judge in that county when the federal decennial census is published, provided that there is no break in service.

          C. In counties with a population greater than six hundred thousand persons in the last federal decennial census, no person is eligible for appointment to the office of probate judge unless the person:

                (1) is a member in good standing of the bar association of this state, is licensed to practice law in this state and has at least two years' experience as a licensed attorney; or

                (2) held the office of probate judge in that district when the federal decennial census is published, provided that there is no break in service."

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