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

RELATING TO COURTS; INCREASING THE NUMBER OF MAGISTRATE JUDGES IN CHAVES AND SAN JUAN MAGISTRATE DISTRICTS; PROVIDING FOR ADDITIONAL DISTRICT ATTORNEY AND PUBLIC DEFENDER NEEDS DUE TO INCREASED JUDGESHIPS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY.

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

Section 1. Section 35-1-6 NMSA 1978 (being Laws 1968, Chapter 62, Section 8, as amended) is amended to read:

"35-1-6. MAGISTRATE COURT--CHAVES DISTRICT.--

A. There shall be [two] three magistrates in Chaves magistrate district, divisions 1, [and] 2 and 3 operating as a single court in Roswell.

B. Magistrate judges shall not be elected at large from the district, but shall be elected by the voters of the division for which the magistrate sits. Magistrate judges shall reside in their division and have districtwide jurisdiction. The composition of the divisions for elections and residency purposes is:

(1) division 1 is composed of Chaves county precincts 14 through 16, 25, 51, 52, 62, 63, 71, 73, 91 and 101 through 104;

(2) division 2 is composed of Chaves county precincts 21, 22, 24, 31 through 35, 61, 72, 81 through 85, 90, 92 and 93; and

(3) division 3 is composed of Chaves county precincts 1 through 7, 9 through 13, 23, 36 and 41 through 43."

Section 2. Section 35-1-27 NMSA 1978 (being Laws 1968, Chapter 62, Section 29, as amended) is amended to read:

"35-l-27. MAGISTRATE COURT--SAN JUAN DISTRICT ELECTION DIVISION PRECINCTS.--

A. There shall be [four] five magistrate divisions in San Juan magistrate district, each division having its own magistrate. Divisions 1 and 4 shall operate as a single court in Aztec and divisions 2, [and] 3 and 5 shall operate as a single court in Farmington.

B. Magistrate judges shall not be elected at large from the district, but shall be elected by the voters of the division for which the magistrate sits. Magistrate judges may reside anywhere within the magistrate district and shall have districtwide jurisdiction. The composition of the divisions for elections purposes is:

(1) division 1 is composed of San Juan county precincts [47, 59 through 70 and 72 through 76] 1 through 10, 13 through 16 and 18;

(2) division 2 is composed of San Juan county precincts [2 through 4, 8 through 14, 18, 28 through 31 and 82] 56, 57, 70 through 72, 79 and 81 through 86;

(3) division 3 is composed of San Juan county precincts [20 through 27, 40 through 46, 49, 51, 52 and 54; and] 59 through 69 and 73 through 76;

(4) division 4 is composed of San Juan county precincts [1, 5 through 7, 15, 16, 19, 53, 55 through 58, 71, 79, 81 and 83 through 86] 20, 22 through 25, 40 through 47 and 49; and

(5) division 5 is composed of San Juan county precincts 11, 12, 19, 21, 26 through 31, 51 through 55 and 58."

Section 3. TEMPORARY PROVISION--MAGISTRATE JUDGES--APPOINTMENT AND ELECTION.--The additional Chaves and San Juan magistrate divisions provided for in this act shall be filled by appointment by the governor. The appointed magistrates shall serve until succeeded by magistrates elected at the general election in 2002. The elected magistrates' terms of office shall begin on January 1, 2003.

Section 4. APPROPRIATIONS.--

A. 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 Chaves 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 Chaves magistrate district;

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

(3) ninety-eight thousand dollars ($98,000) 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 the increased workload in the Chaves magistrate court.

B. 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 San Juan 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 San Juan magistrate district;

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

(3) one hundred thousand dollars ($100,000) 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 the increased workload in the San Juan magistrate court.

C. 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 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.