45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MAGISTRATE COURTS; MAKING THE SAN JON CIRCUIT COURT A FULL-TIME MAGISTRATE COURT; MAKING AN APPROPRIATION.

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

Section 1. Section 35-1-23 NMSA 1978 (being Laws 1968, Chapter 62, Section 25, as amended) is amended to read:

"35-1-23. MAGISTRATE COURT--QUAY DISTRICT.--There shall be [one magistrate] two magistrates in Quay magistrate district, [whose principal court is in] division 1 in Tucumcari [The magistrate shall ride circuit to] and division 2 in San Jon [on a regularly scheduled basis]."

Section 2. TEMPORARY PROVISION--APPOINTMENT--ELECTION.--

A. The office of magistrate in Quay magistrate district division 2 shall be filled by appointment by the governor to begin serving on July 1, 2001. The appointed magistrate shall serve until his successor has been elected and qualified.

B. The first full term of office of the magistrate in Quay magistrate district division 2 shall be filled by election at the general election held in 2002, and that term of office shall begin on January 1, 2003.

Section 3. APPROPRIATION.--One hundred thirty-eight thousand dollars ($138,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2002 to pay salaries and benefits of the Quay magistrate district division 2 magistrate and staff. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.