46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO COURTS; INCREASING THE NUMBER OF JUDGES IN THE SANTA FE MAGISTRATE COURT; PROVIDING FOR APPOINTMENT AND ELECTION; PROVIDING ADDITIONAL RESOURCES FOR AFFECTED PUBLIC DEFENDER AND DISTRICT ATTORNEY OFFICES; MAKING APPROPRIATIONS.

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

Section 1. 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 Santa Fe magistrate district divisions 1, 2, [and] 3 and 4 operating as a single court in Santa Fe. [however, one] A magistrate shall ride circuit to Pojoaque on a regularly scheduled basis."

Section 2. TEMPORARY PROVISION--MAGISTRATE COURT--APPOINTMENT AND ELECTION.--

A. The office of magistrate in Santa Fe division 4 shall be filled by appointment by the governor to begin serving on July 1, 2003. The appointed magistrate shall serve until succeeded by the magistrate elected at the general election in 2004 to fill the unexpired term ending December 31, 2006.

B. The first full term of office of magistrate in Santa Fe division 4 shall be filled by election at the general election held in 2006 and that term of office shall begin January 1, 2007.

Section 3. APPROPRIATIONS.--

A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2004 for costs associated with the additional magistrate judge in the Santa Fe magistrate district:

(1) ninety-nine thousand three hundred eighty dollars ($99,380) to the administrative office of the courts for salaries and benefits and furniture, supplies and equipment for one additional magistrate judge in the Santa Fe magistrate district;

(2) seventy-five thousand nine hundred twenty-five dollars ($75,925) to the first judicial district attorney for 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 for salaries and benefits and furniture, supplies and equipment for additional public defender attorneys and support staff and for costs of contract and conflict counsel due to increased workload in the Santa Fe magistrate court.

B. Any unexpended or unencumbered balance remaining from any of the appropriations in this section at the end of fiscal year 2004 shall revert to the general fund.

Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.