44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO JUDGES; PROVIDING FOR TWO ADDITIONAL MAGISTRATE JUDGES IN DONA ANA MAGISTRATE DISTRICT; PROVIDING FOR APPOINTMENT AND ELECTION; AMENDING A SECTION OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. Section 35-1-10 NMSA 1978 (being Laws 1968, Chapter 62, Section 12, as amended) is amended to read:

"35-1-10. MAGISTRATE COURT--DONA ANA DISTRICT.--There shall be [three] five magistrates in Dona Ana magistrate district, with divisions 1, 2 and 3 operating as a single court in Las Cruces. The magistrates in divisions 1, 2 and 3 shall rotate riding circuit to [Anthony and] Hatch on a regularly scheduled basis. The magistrates in divisions 4 and 5 shall operate as a single court in Anthony."

Section 2. TEMPORARY PROVISION--APPOINTMENT--DIVISIONS 4 AND 5--ELECTION.--

A. The office of magistrate in Dona Ana magistrate divisions 4 and 5 shall be filled by appointment by the governor. The appointed magistrates shall begin serving July 1, 1999 and shall serve until succeeded by magistrates elected pursuant to Subsection B of this section.

B. The first full term of the office of magistrate in Dona Ana magistrate divisions 4 and 5 shall be filled by election at the general election in 2000, and those terms of office shall begin on January 1, 2001.

Section 3. APPROPRIATION.--One hundred fifty thousand dollars ($150,000) is appropriated from the general fund to the Dona Ana magistrate district for expenditure in fiscal year 2000 to pay salaries and benefits of the Dona Ana magistrate district divisions 4 and 5 and to pay the costs of rent, furnishings, supplies and equipment to establish the new divisions. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.