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

RELATING TO COURTS; PROVIDING FOR AN ADDITIONAL MAGISTRATE IN THE DONA ANA MAGISTRATE DISTRICT; PROVIDING FOR APPOINTMENT AND ELECTION; ESTABLISHING ELECTORAL DIVISIONS FOR THE LEA MAGISTRATE DISTRICT; PROVIDING FOR ELIMINATION OF AN ELECTORAL DIVISION IN THE LEA MAGISTRATE DISTRICT; 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] five 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. Section 35-1-16 NMSA 1978 (being Laws 1968, Chapter 62, Section 18, as amended) is amended to read:

"35-1-16. MAGISTRATE COURT--LEA DISTRICT.--

A. Subject to the provisions of Subsection B of this section, there shall be five magistrates in Lea magistrate district. [division 1 in Lovington, divisions 2 and 5 operating as a single court in Hobbs, division 3 in Eunice and division 4 in Tatum] The magistrates shall be elected from five electoral divisions in Lea county. Division 1 in Lovington is composed of Lea county precinct numbers 15, 16, 17, 18, 20, 22, 23, 24 and 30. Division 2 in Hobbs is composed of Lea county precinct numbers 35, 51, 52, 53, 54, 55 and 61. Division 3 in Eunice is composed of Lea county precinct numbers 31, 32, 34, 36, 62, 71, 72, 73 and 74. Division 4 in Tatum is composed of Lea county precinct numbers 2, 3, 10, 11, 12, 13, 14, 21 and 26. Division 5 in Hobbs is composed of Lea county precinct numbers 25, 27, 28, 29, 33, 41, 42, 43 and 44. A candidate for magistrate court judge in Lea county shall, at the time of filing for candidacy, reside in the electoral division from which he seeks to be elected and, if elected, shall maintain residency in the electoral division. The division 3 magistrate shall ride circuit to Jal on a regularly scheduled basis and shall ride circuit to Hobbs as needed.

B. Primary and general elections shall not be held for division 4 in 2002, and the term of service for division 4 shall end on December 31, 2002."

Section 3. TEMPORARY PROVISION--DONA ANA MAGISTRATE--APPOINTMENT AND ELECTION.--The office of magistrate in Dona Ana magistrate division 5 shall be filled by appointment by the governor. The appointed magistrate shall begin serving on July 1, 2001 and shall serve until succeeded by a magistrate elected at the general election in 2002. The elected magistrate's term of office shall begin on January 1, 2003.

Section 4. APPROPRIATION.--Ninety thousand dollars ($90,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2002 for salary and benefits for an additional magistrate in the Dona Ana magistrate district. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.