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

RELATING TO COURTS; CREATING AN ADDITIONAL JUDGESHIP IN THE BERNALILLO COUNTY METROPOLITAN COURT; AMENDING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

Section 1. Section 34-8A-4.1 NMSA 1978 (being Laws 1981, Chapter 318, Section 2, as amended) is amended to read:

"34-8A-4.1. METROPOLITAN COURT JUDGES--TERMS OF OFFICE--ELECTION.--

A. The elected term of office for each judge of the metropolitan court is four years.

[B. Judges of the metropolitan court who have been previously elected in a partisan election or who were serving as metropolitan judges on January 1, 1989 in divisions one through twelve shall be subject to retention or rejection on a nonpartisan ballot at the 1990 general election for a four-year term ending December 31, 1994.

C.] B. Any person appointed to fill a vacancy on the metropolitan court after January 1, 1989 shall serve until the next general election. That person's successor shall be chosen at that general election and shall hold the office until the general election four years later.

[D.] C. Judges of the Bernalillo county metropolitan court for divisions thirteen, fourteen and fifteen shall be appointed and shall serve until the 1992 general election. Their successors shall be chosen at that general election and shall hold office until the general election four years later. Additional judges shall be appointed and elected pursuant to Article 6 of the constitution of New Mexico."

Section 2. 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 sixteen judges of the Bernalillo county metropolitan court."

Section 3. TEMPORARY PROVISION.--The additional judge provided for the Bernalillo county metropolitan court shall preside over the operation of a court that considers alleged municipal code violations.

Section 4. APPROPRIATION.--Two hundred thirty-five thousand dollars ($235,000) is appropriated from the general fund to the Bernalillo county metropolitan court for expenditure in fiscal year 2000 for the purpose of paying salaries and benefits and providing furniture, equipment and supplies for an additional judge and support staff. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.