44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO JUDGES; PROVIDING FOR AN ADDITIONAL MAGISTRATE JUDGE IN THE DONA ANA MAGISTRATE DISTRICT; PROVIDING FOR APPOINTMENT AND ELECTION; PROVIDING ADDITIONAL RESOURCES FOR DISTRICT ATTORNEYS AND PUBLIC DEFENDERS; AMENDING A SECTION OF THE NMSA 1978; MAKING APPROPRIATIONS.

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 [four] five magistrates in Dona Ana magistrate district. Divisions 1, 2, 3, [and] 4 and 5 shall operate as a single court in Las Cruces and shall rotate riding circuit to Anthony and Hatch on a regularly scheduled basis."

Section 2. TEMPORARY PROVISION--DONA ANA MAGISTRATE--APPOINTMENT AND ELECTION.--The office of magistrate in Dona Ana magistrate division 5 shall be filled by appointment by the governor. The appointed magistrate shall begin serving on July 1, 2000 and shall serve until succeeded by a magistrate elected at the general election in 2000. The elected magistrate's term of office shall begin on January 1, 2001.

Section 3. APPROPRIATIONS.

A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2001 for costs associated with an additional magistrate judge in the Dona Ana magistrate district:

(1) one hundred thirty thousand dollars ($130,000) to the administrative office of the courts for salary and benefits for an additional magistrate judge and clerk in Dona Ana magistrate division 5;

(2) eighty thousand dollars ($80,000) to the third judicial district attorney to pay costs associated with the increased workload in the Dona Ana magistrate court; and

(3) one hundred two thousand dollars ($102,000) to the public defender department to pay costs associated with the increased workload in the Dona Ana magistrate court.

B. Any unexpended or unencumbered balance remaining from any of the appropriations in this section at the end of fiscal year 2001 shall revert to the general fund.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.