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

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 [four] six magistrates in Dona Ana magistrate district. Divisions 1, 2, 3 and 4 shall operate as a single court in Las Cruces and shall rotate riding circuit to [Anthony and] Hatch on a regularly scheduled basis. Divisions 5 and 6 shall operate as a single court in Anthony."

Section 2. TEMPORARY PROVISION--APPOINTMENT--DIVISIONS 5 AND 6--ELECTION.--

A. The Dona Ana magistrates in divisions 5 and 6 shall be appointed by the governor. The appointed magistrates shall begin serving July 1, 2000 and shall serve until succeeded by magistrates elected pursuant to Subsection B of this section.

B. The first full terms of the magistrates in Dona Ana magistrate district divisions 5 and 6 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 2001 to pay salaries and benefits of magistrates in Dona Ana magistrate district divisions 5 and 6 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 2001 shall revert to the general fund.