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AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;

RELATING TO THE STATE JUDICIAL SYSTEM; CREATING THE STATE

JUDICIAL SYSTEM STUDY COMMITTEE; PROVIDING DUTIES AND POWERS;

DECLARING AN EMERGENCY.

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

Section 1. STATE JUDICIAL SYSTEM STUDY COMMITTEE

CREATED.--The joint interim legislative "state judicial

system study committee" is created. The committee shall

function from the date of its appointment until December 1

prior to the first session of the forty-sixth legislature.

Section 2. MEMBERSHIP--APPOINTMENT--VACANCIES.--

A. The state judicial system study committee shall

be composed of ten members appointed by the New Mexico

legislative council. Five members shall be appointed from

the house of representatives and five members from the

senate. At the time of appointment, the legislative council

shall designate the chairman and vice chairman of the

committee.

B. Members shall be appointed from each house so

as to give the two major political parties in each house the

same proportionate representation on the committee as

prevails in each house; however, in no event shall either

party have less than one member from each house on the state

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judicial system study committee. At the request of the

committee chairman, members may be removed from the committee

by the New Mexico legislative council for nonattendance in

accordance with council policy. Vacancies on the committee

may be filled by the New Mexico legislative council, or the

council may reduce the size of the committee by not making

replacement appointments and in that case need not readjust

party representation.

C. An action shall not be taken by the committee

if a majority of the total membership from either house on

the committee rejects that action.

Section 3. DUTIES AND POWERS.--

A. After its appointment, the state judicial

system study committee shall hold an initial meeting to

develop a work plan and budget for the ensuing interim. The

work plan and budget shall be submitted to the New Mexico

legislative council for approval. Upon approval of the work

plan and budget by the New Mexico legislative council, the

committee, in cooperation with the members of the state

judiciary, shall:

(1) examine the statutes, constitutional

provisions, regulations and court decisions governing the

judicial system in New Mexico;

(2) evaluate the effectiveness of the

judiciary system; and

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(3) make recommendations to the legislature

relating to new legislation or changes in current law, if

any, determined necessary by the committee.

B. Any member of the committee may administer

oaths. The committee or a subcommittee thereof may have the

power of subpoena, which may be enforced through any district

court of the state. Process of the committee shall be served

by any sheriff, deputy or member of the state police, and

shall be served without cost to the committee.

Section 4. REPORT.--The state judicial system study

committee shall make a report of its findings and

recommendations for the consideration of the first session of

the forty-sixth legislature. The report and suggested

legislation shall be made available to the legislative

council on or before December 15 preceding that session.

Section 5. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.