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

RELATING TO COURTS; CREATING ADDITIONAL DISTRICT, METROPOLITAN AND MAGISTRATE JUDGESHIPS; PROVIDING FOR ADDITIONAL RESOURCES FOR DISTRICT ATTORNEYS AND PUBLIC DEFENDERS; MAKING APPROPRIATIONS.

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

Section 1. Section 34-6-5 NMSA 1978 (being Laws 1968, Chapter 69, Section 8, as amended) is amended to read:

"34-6-5. JUDGES--SECOND JUDICIAL DISTRICT.--There shall be [twenty-three] twenty-four district judges in the second judicial district."

Section 2. Section 34-6-9 NMSA 1978 (being Laws 1968, Chapter 69, Section 12, as amended) is amended to read:

"34-6-9. JUDGES--SIXTH JUDICIAL DISTRICT.--There shall be [two] three district judges in the sixth judicial district. The judge of division [1] one shall reside and maintain his principal office in Grant county."

Section 3. Section 34-6-14 NMSA 1978 (being Laws 1968, Chapter 69, Section 17, as amended by Laws 1995, Chapter 178, Section 3 and also by Laws 1995, Chapter 179, Section 1) is amended to read:

"34-6-14. JUDGES--ELEVENTH JUDICIAL DISTRICT.--There shall be [six] seven district judges in the eleventh judicial district. The judges of divisions one, three, four, [and] six and seven shall reside and maintain their principal offices in San Juan county. The judges of divisions two and five shall reside and maintain their principal offices in McKinley county."

Section 4. Section 34-6-16 NMSA 1978 (being Laws 1971, Chapter 52, Section 3, as amended) is amended to read:

"34-6-16. JUDGES--THIRTEENTH JUDICIAL DISTRICT.--There shall be [five] six district judges in the thirteenth judicial district. The judges of divisions one, [and] three and six shall reside and maintain their principal offices in Valencia county. The judges of divisions two and five shall reside and maintain their principal offices in Sandoval county. The judge of division four shall reside and maintain his principal office in Cibola county."

Section 5. 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. 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.

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.

D. A judge of the Bernalillo county metropolitan court for division sixteen shall be appointed and shall serve until the 2000 general election. His successor shall be chosen at that general election and shall hold office until the general election four years later.

E. A judge of the Bernalillo county metropolitan court for division seventeen shall be appointed and shall serve until the 2000 general election. His successor shall be chosen at that general election and shall hold office until the general election four years later.

F. A judge of the Bernalillo county metropolitan court for division eighteen shall be appointed and shall serve until the 2000 general election. His successor shall be chosen at the general election and shall hold office until the general election four years later.

G. A judge of the Bernalillo county metropolitan court for division nineteen shall be appointed and shall serve until the 2000 general election. His successor shall be chosen at the general election and shall hold office until the general election four years later."

Section 6. Section 35-1-6 NMSA 1978 (being Laws 1968, Chapter 62, Section 8, as amended) is amended to read:

"35-1-6. MAGISTRATE COURT--CHAVES DISTRICT.--There shall be [two] three magistrates in Chaves magistrate district, divisions 1, [and] 2 and 3 operating as a single court in Roswell."

Section 7. Section 35-1-29 NMSA 1978 (being Laws 1968, Chapter 62, Section 31, as amended) is amended to read:

"35-1-29. MAGISTRATE COURT--SANTA FE DISTRICT.--There shall be [three] four magistrates in Santa Fe magistrate district, divisions 1, 2, [and] 3 and 4 operating as a single court in Santa Fe; however, one magistrate shall ride circuit to Pojoaque on a regularly scheduled basis."

Section 8. TEMPORARY PROVISION.--The additional district and metropolitan judgeships provided for in this act shall be filled by appointment by the governor pursuant to the provisions of Article 6 of the constitution of New Mexico for terms beginning July 1, 2000.

Section 9. TEMPORARY PROVISION--MAGISTRATE COURTS--APPOINTMENT--ELECTION.--The additional magistrate judgeships provided for in this act shall be filled by appointment by the governor. The appointed magistrates 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 10. APPROPRIATIONS.--

A. Two hundred fifty-six thousand eight hundred dollars ($256,800) is appropriated from the general fund to the second judicial district court for expenditure in fiscal year 2001 to provide salaries and benefits and furniture, supplies and equipment for one additional judge and support staff.

B. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2001 for the following purposes in the sixth judicial district:

(1) two hundred fifty-six thousand eight hundred dollars ($256,800) to the sixth judicial district court to provide salaries and benefits and furniture, supplies and equipment for one additional judge and support staff;

(2) ninety-eight thousand nine hundred dollars ($98,900) to the sixth judicial district attorney to pay costs associated with increased district court workload; and

(3) thirty thousand dollars ($30,000) to the public defender department to pay costs associated with increased district court workload.

C. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2001 for the following purposes in the eleventh judicial district:

(1) two hundred fifty-six thousand eight hundred dollars ($256,800) to the eleventh judicial district court to provide salaries and benefits and furniture, supplies and equipment for one additional judge and support staff;

(2) one hundred twenty-one thousand four hundred dollars ($121,400) to the eleventh judicial district attorney to pay costs associated with increased workload in division one; and

(3) fifteen thousand dollars ($15,000) to the public defender department to pay costs associated with increased workload.

D. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2001 for the following purposes in the thirteenth judicial district:

(1) two hundred fifty-six thousand eight hundred dollars ($256,800) to the thirteenth judicial district court to provide salaries and benefits and furniture, supplies and equipment for one additional judge and support staff; and

(2) fifty-three thousand two hundred dollars ($53,200) to the public defender department to pay costs associated with increased workload.

E. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2001 for increased costs in the Bernalillo metropolitan district:

(1) two hundred forty-six thousand two hundred dollars ($246,200) to the Bernalillo county metropolitan court to provide salaries and benefits and furniture, supplies and equipment for a judge and support staff in division seventeen;

(2) two hundred forty-six thousand two hundred dollars ($246,200) to the Bernalillo county metropolitan court to provide salaries and benefits and furniture, supplies and equipment for a judge and support staff in division eighteen;

(3) two hundred forty-six thousand two hundred dollars ($246,200) to the Bernalillo county metropolitan court to provide salaries and benefits and furniture, supplies and equipment for a judge and support staff in division nineteen;

(4) one hundred ninety-four thousand six hundred dollars ($194,600) to the second judicial district attorney to pay costs associated with increased metropolitan court workload; and

(5) two hundred eighty-five thousand nine hundred dollars ($285,900) to the public defender department to pay costs associated with increased metropolitan court workload.

F. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2001 for costs associated with additional magistrate judges in Chaves and Santa Fe magistrate districts:

(1) to the administrative office of the courts:

(a) eighty-six thousand five hundred dollars ($86,500) to pay salaries and benefits and furniture, supplies and equipment for one additional magistrate in the Chaves magistrate district; and

(b) eighty-six thousand five hundred dollars ($86,500) to pay salaries and benefits and furniture, supplies and equipment for one additional magistrate in the Santa Fe magistrate district;

(2) seventy-four thousand six hundred dollars ($74,600) to the fifth judicial district attorney to pay costs associated with the increased workload in the Chaves magistrate court;

(3) seventy-five thousand one hundred dollars ($75,100) to the public defender department to pay costs associated with the increased workload in the Chaves magistrate court;

(4) seventy-one thousand dollars ($71,000) to the first judicial district attorney to pay costs associated with the increased workload in the Santa Fe magistrate court; and

(5) seventy-five thousand one hundred dollars ($75,100) to the public defender department to pay costs associated with the increased workload in the Santa Fe magistrate court.

G. 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 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2000.