45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO COURTS; INCREASING THE NUMBER OF JUDGES IN CERTAIN JUDICIAL DISTRICTS AND MAGISTRATE AND METROPOLITAN COURTS; PROVIDING ADDITIONAL RESOURCES FOR THE PUBLIC DEFENDER DEPARTMENT AND DISTRICT ATTORNEYS AFFECTED BY ADDITIONAL JUDGES; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. Section 34-6-6 NMSA 1978 (being Laws 1968, Chapter 69, Section 9, as amended) is amended to read:

"34-6-6. JUDGES--THIRD JUDICIAL DISTRICT.--There shall be [six] seven district judges in the third judicial district."

Section 2. Section 34-6-7 NMSA 1978 (being Laws 1968, Chapter 69, Section 10, as amended) is amended to read:

"34-6-7. JUDGES--FOURTH JUDICIAL DISTRICT.--There shall be [two] three district judges in the fourth judicial district."

Section 3. Section 34-6-9 NMSA 1978 (being Laws 1968, Chapter 69, Section 12, as amended) is amended to read:

"34-6-9. JUDGES--SIXTH JUDICIAL DISTRICT.--There shall be [two] three district judges in the sixth judicial district. The judge of division [1] one shall reside and maintain his principal office in Grant county."

Section 4. Section 34-6-14 NMSA 1978 (being Laws 1968, Chapter 69, Section 17, as amended by Laws 1995, Chapter 178, Section 3 and also by Laws 1995, Chapter 179, Section 1) is amended to read:

"34-6-14. JUDGES--ELEVENTH JUDICIAL DISTRICT.--There shall be [six] eight district judges in the eleventh judicial district. The judges of divisions one, three, four, [and] six and seven shall reside and maintain their principal offices in San Juan county. The judges of divisions two, [and] five and eight shall reside and maintain their principal offices in McKinley county."

Section 5. Section 34-6-16 NMSA 1978 (being Laws 1971, Chapter 52, Section 3, as amended) is amended to read:

"34-6-16. JUDGES--THIRTEENTH JUDICIAL DISTRICT.--There shall be [five] six district judges in the thirteenth judicial district. The judges of divisions one and three shall reside and maintain their principal offices in Valencia county. The judges of divisions two, [and] five and six shall reside and maintain their principal offices in Sandoval county. The judge of division four shall reside and maintain his principal office in Cibola county."

Section 6. Section 34-8A-4.1 NMSA 1978 (being Laws 1981, Chapter 318, Section 2, as amended) is amended to read:

"34-8A-4.1. METROPOLITAN COURT JUDGES--TERMS OF OFFICE--ELECTION.--

A. The [elected] term of office for each judge of the metropolitan court is four years. Judges shall be appointed, elected and retained in accordance with Article 6 of the constitution of New Mexico.

B. Any person appointed to fill a vacancy on the metropolitan court after January 1, 1989 shall serve until the next general election. That person's successor shall be chosen at that general election and shall hold the office until the general election four years later.

[C. Judges of the Bernalillo county metropolitan court for divisions thirteen, fourteen and fifteen shall be appointed and shall serve until the 1992 general election. Their successors shall be chosen at that general election and shall hold office until the general election four years later. Additional judges shall be appointed and elected pursuant to Article 6 of the constitution of New Mexico.

D. A judge of the Bernalillo county metropolitan court for division sixteen shall be appointed and shall serve until the 2000 general election. His successor shall be chosen at that general election and shall hold office until the general election four years later.]"

Section 7. Section 34-8A-8 NMSA 1978 (being Laws 1979, Chapter 346, Section 8, as amended) is amended to read:

"34-8A-8. METROPOLITAN COURT--BERNALILLO DISTRICT.--

A. The name of the metropolitan court in the Bernalillo metropolitan district shall be the "Bernalillo county metropolitan court".

B. The metropolitan court is an agency of the judicial department of state government. Personnel of the metropolitan court are subject to all laws and [regulations] rules applicable to state officers and agencies and state officers and employees, except where otherwise specifically provided by law.

C. There shall be nineteen judges of the Bernalillo county metropolitan court."

Section 8. Section 35-1-29 NMSA 1978 (being Laws 1968, Chapter 62, Section 31, as amended) is amended to read:

"35-1-29. MAGISTRATE COURT--SANTA FE DISTRICT.--There shall be [three] four magistrates in the Santa Fe magistrate district [divisions 1, 2 and 3] operating as a single court in Santa Fe [however, one magistrate shall ride circuit to Pojoaque on a regularly scheduled basis]."

Section 9. TEMPORARY PROVISION--DISTRICT AND METROPOLITAN JUDGESHIPS--APPOINTMENTS.--The additional district and metropolitan judgeships provided for in this act shall be filled by appointment by the governor pursuant to the

provisions of Article 6 of the constitution of New Mexico.

Section 10. TEMPORARY PROVISION--SANTA FE MAGISTRATE COURT--APPOINTMENT AND ELECTION.--The additional magistrate judge provided for in this act shall be filled by appointment by the governor. The appointed magistrate 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 11. APPROPRIATIONS.--

A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal years 2002 and 2003 for the following purposes in the third judicial district:

(1) two hundred eighty-six thousand five hundred dollars ($286,500) to the third judicial district court to provide salaries and benefits and furniture, supplies and equipment for one additional judge and support staff;

(2) seventy-eight thousand six hundred sixty-five dollars ($78,665) to the third judicial district attorney to provide salaries and benefits and furniture, supplies and equipment for additional staff due to increased district court workload; and

(3) one hundred sixty thousand dollars ($160,000) to the public defender department to provide salaries and benefits and furniture, supplies and equipment for additional public defender attorneys and support staff and to provide for costs of contract and conflict counsel due to increased district court workload.

B. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal years 2002 and 2003 for the following purposes in the fourth judicial district:

(1) two hundred eighty-six thousand five hundred dollars ($286,500) to the fourth judicial district court to provide salaries and benefits and furniture, supplies and equipment for one additional judge and support staff;

(2) seventy-eight thousand six hundred sixty-five dollars ($78,665) to the fourth judicial district attorney to provide salaries and benefits and furniture, supplies and equipment for additional staff due to increased district court workload; and

(3) seventy thousand dollars ($70,000) to the public defender department to provide salaries and benefits and furniture, supplies and equipment for additional public defender attorneys and support staff and to provide for costs of contract and conflict counsel due to increased district court workload.

C. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal years 2002 and 2003 for the following purposes in the sixth judicial district:

(1) two hundred eighty-six thousand five hundred dollars ($286,500) to the sixth judicial district court to provide salaries and benefits and furniture, supplies and equipment for one additional judge and support staff;

(2) one hundred four thousand nine hundred thirty dollars ($104,930) to the sixth judicial district attorney to provide salaries and benefits and furniture, supplies and equipment for additional staff due to increased district court workload; and

(3) sixty thousand dollars ($60,000) to the public defender department to pay costs of contract and conflict counsel due to increased district court workload.

D. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal years 2002 and 2003 for the following purposes in the eleventh judicial district:

(1) five hundred seventy-three thousand dollars ($573,000) to the eleventh judicial district court to provide salaries and benefits and furniture, supplies and equipment for two additional judges and support staff;

(2) one hundred fifty-seven thousand three hundred thirty dollars ($157,330) to the eleventh judicial district attorney to provide salaries and benefits and furniture, supplies and equipment for additional staff due to increased district court workload; and

(3) two hundred twenty thousand dollars ($220,000) to the public defender department to provide salaries and benefits and furniture, supplies and equipment for additional public defender attorneys and support staff and to provide for costs of contract and conflict counsel due to increased district court workload.

E. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal years 2002 and 2003 for the following purposes in the thirteenth judicial district:

(1) two hundred eighty-six thousand five hundred dollars ($286,500) to the thirteenth judicial district court to provide salaries and benefits and furniture, supplies

and equipment for one additional judge and support staff;

(2) seventy-eight thousand six hundred sixty-five dollars ($78,665) to the thirteenth judicial district attorney to provide salaries and benefits and furniture, supplies and equipment for additional staff due to increased workload in division one; and

(3) seventy thousand dollars ($70,000) to the public defender department to pay costs of contract and conflict counsel due to increased district court workload.

F. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal years 2002 and 2003 for increased costs in the Bernalillo county metropolitan court:

(1) two hundred sixty-eight thousand three hundred twenty-five dollars ($268,325) to the Bernalillo county metropolitan court to provide salaries and benefits and furniture, supplies and equipment for a judge and support staff in division seventeen;

(2) two hundred sixty-eight thousand three hundred twenty-five dollars ($268,325) to the Bernalillo county metropolitan court to provide salaries and benefits and furniture, supplies and equipment for a judge and support staff in division eighteen;

(3) two hundred sixty-eight thousand three hundred twenty-five thousand dollars ($268,325) to the Bernalillo county metropolitan court to provide salaries and benefits and furniture, supplies and equipment for a judge and support staff in division nineteen;

(4) two hundred twenty thousand seven hundred ninety dollars ($220,790) to the second judicial district attorney to provide salaries and benefits and furniture, supplies and equipment for additional staff due to increased metropolitan court workload; and

(5) four hundred twenty-seven thousand dollars ($427,000) to the public defender department to provide salaries and benefits and furniture, supplies and equipment for additional public defender attorneys and support staff and to provide for costs of contract and conflict counsel due to increased metropolitan court workload.

G. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal years 2002 and 2003 for costs associated with the additional magistrate judge in Santa Fe magistrate district:

(1) ninety-nine thousand one hundred ten dollars ($99,110) to the administrative office of the courts to provide salaries and benefits and furniture, supplies and equipment for one additional magistrate in the Santa Fe magistrate district;

(2) seventy-five thousand nine hundred twenty-five dollars ($75,925) to the first judicial district attorney to provide salaries and benefits and furniture, supplies and equipment for additional staff due to the increased workload in the Santa Fe magistrate court; and

(3) one hundred three thousand dollars ($103,000) to the public defender department to provide salaries and benefits and furniture, supplies and equipment for additional public defender attorneys and support staff and to provide for costs of contract and conflict counsel due to increased workload in the Santa Fe magistrate court.

H. Any unexpended or unencumbered balance remaining from any of the appropriations in this section at the end of fiscal year 2003 shall revert to the general fund.

Section 12. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.