NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Appropriation in HB215

SOURCES OF INFORMATION

LFC files

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of HAFC Amendment

The HAFC amendment to the committee substitute of SB130 appropriates additional monies to the Public Defender Department from the general fund totaling $87.0 to provide salaries and benefits for a public defender attorney and support staff, along with furniture, equipment and supplies for FY02. In addition, this funding is to be used for contract and conflict counsel due to increased workload in the Dona Ana magistrate district.

Synopsis of SFC Substitute for Senate Bills 130 and 194

The Senate Finance Committee substitute for SB130 and SB194 creates a division 5 in the Dona Ana magistrate district and adds one new judgeship, not two as proposed in the duplicate senate bills. The magistrate shall be appointed by the governor whose term will be effective on July 1,

2001. No funding is proposed for 10 court clerk positions as originally requested in SB130 and SB194. The total amount of the appropriation for Dona Ana's magistrates is $90.0.

In addition, the committee substitute amends Section 35-1-16 NMSA 1978 regarding judgeships and divisions in Lea county magistrate district. First, the precinct composition has been changed for each of the five magistrate divisions. Second, a residency requirement is now conditional for judgeships in Lea county; a candidate for magistrate court judge must reside in the electoral division and maintain residency in the electoral division from which he/she seeks to be elected. Lastly, the committee substitute will eliminate magistrate division 4 as of December 31, 2002 by not holding primary or general elections for that division in 2002. Presumably, this is based on the lack of caseload in that district, as presented in SB581. Ultimately, there will be four magistrate districts in Lea county, not five.

FISCAL IMPLICATIONS

The appropriation of $90.0 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

RELATIONSHIP

HB215 contains a general fund appropriation for costs associated with two additional judges totaling $188,700. That amount covers salaries and benefits for the two magistrates, furniture, supplies and equipment.

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