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

RELATING TO COURTS; PROVIDING FOR AN ADDITIONAL MAGISTRATE IN THE 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 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 district 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. APPROPRIATION.--Two hundred thousand dollars ($200,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2001 for salary and benefits for an additional magistrate judge in Dona Ana magistrate district division 5 and for salaries and benefits for three additional clerks in the Dona Ana magistrate district. Any unexpended or unencumbered balance remaining 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.