46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO JUDICIAL DISTRICTS; REDISTRICTING THE FIRST, ELEVENTH AND THIRTEENTH JUDICIAL DISTRICTS; PROVIDING FOR TWO DISTRICT ATTORNEY DIVISIONS IN A CERTAIN DISTRICT; PROVIDING FOR THE TRANSFER OF PERSONNEL, APPROPRIATIONS AND PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 34-6-1 NMSA 1978 (being Laws 1941, Chapter 75, Section 1, as amended) is amended to read:
"34-6-1. JUDICIAL DISTRICTS.--The state shall be divided into judicial districts as follows:
A. first judicial district, the counties of Santa
Fe, Rio Arriba, [and] Los Alamos and Sandoval;
B. second judicial district, the county of Bernalillo;
C. third judicial district, the county of Dona Ana;
D. fourth judicial district, the counties of Guadalupe, San Miguel and Mora;
E. fifth judicial district, the counties of Eddy, Chaves and Lea;
F. sixth judicial district, the counties of Grant, Luna and Hidalgo;
G. seventh judicial district, the counties of Socorro, Torrance, Sierra and Catron;
H. eighth judicial district, the counties of Taos, Colfax and Union;
I. ninth judicial district, the counties of Curry and Roosevelt;
J. tenth judicial district, the counties of Quay, De Baca and Harding;
K. eleventh judicial district, the [counties]
county of [McKinley and] San Juan;
L. twelfth judicial district, the counties of Otero and Lincoln; and
M. thirteenth judicial district, the counties of
Cibola, [Sandoval] McKinley and Valencia."
Section 2. Section 34-6-4 NMSA 1978 (being Laws 1968, Chapter 69, Section 7, as amended) is amended to read:
"34-6-4. JUDGES--FIRST JUDICIAL DISTRICT.--There shall be
[seven] nine district judges in the first judicial district.
Two of the judges shall reside and maintain their principal
offices in Sandoval county."
Section 3. 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] four district judges in the eleventh judicial
district. [The judges of divisions one, three, four and six
shall reside and maintain their principal offices in San Juan
county. The judges of divisions two and five shall reside and
maintain their principal offices in McKinley county.]"
Section 4. 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 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 shall reside and maintain
their principal offices in [Sandoval] McKinley county. The
judge of division four shall reside and maintain his principal
office in Cibola county."
Section 5. [NEW MATERIAL] THIRTEENTH JUDICIAL DISTRICT--TWO DISTRICT ATTORNEY DIVISIONS.--
A. The thirteenth judicial district is divided into two separate district attorney divisions, which shall constitute two separate election divisions as follows:
(1) district attorney division 1, to be composed of Cibola and Valencia counties; and
(2) district attorney division 2, to be composed of McKinley county.
B. The district attorney in division 1 shall be elected by the registered qualified electors of Cibola and Valencia counties and the district attorney in division 2 shall be elected by the registered qualified electors in McKinley county. Each district attorney shall have all the duties and powers vested in a district attorney.
C. Within legislative appropriations, the district attorney in each judicial division may appoint necessary assistant district attorneys and other personnel and assign their duties.
Section 6. TEMPORARY PROVISION--TRANSFER.--On July 1, 2003:
A. all personnel, appropriations, money, records, property, equipment and supplies of divisions two and five of the thirteenth judicial district, as that district was composed on June 30, 2003, shall be transferred to the divisions of the first judicial district that will be officed in Sandoval county. All contracts, agreements and docketed cases relating to the activities of the personnel and records transferred pursuant to the provisions of this subsection shall also be transferred;
B. all personnel, appropriations, money, records, property, equipment and supplies of divisions two and five of the eleventh judicial district, as that district was composed on June 30, 2003, shall be transferred to divisions two and five of the thirteenth judicial district. All contracts, agreements and docketed cases relating to the activities of the personnel and records transferred pursuant to the provisions of this subsection shall also be transferred;
C. the director of the administrative office of the courts shall specifically identify all personnel and property to be transferred pursuant to the provisions of Subsections A and B of this section;
D. the director of the administrative office of the district attorneys may transfer any personnel, appropriations or other property necessary to further the purposes of this act; and
E. the chief public defender may transfer any personnel, appropriations or other property necessary to further the purposes of this act.
Section 7. TEMPORARY PROVISION--CURRENT ELECTED OFFICIALS.--Until the expiration of the term for which they were elected:
A. the district judges of divisions two and five of the thirteenth judicial district as that district was composed on June 30, 2003 shall be the district judges of the first judicial district that will be housed in Sandoval county;
B. the district judges of divisions two and five of the eleventh judicial district as that district was composed on June 30, 2003 shall be the district judges of divisions two and five of the thirteenth judicial district;
C. all other district judges shall remain as judges in the district in which they were elected;
D. the district attorney division 2 of the eleventh judicial district as that district was composed on June 30, 2003 shall be the district attorney division 2 of the thirteenth judicial district;
E. the district attorney division 1 of the eleventh judicial district as that district was composed on June 30, 2003 shall be the district attorney of the eleventh judicial district;
F. the district attorney of the thirteenth judicial district as that district was composed on June 30, 2003 shall be the district attorney division 1 of the thirteenth judicial district; and
G. all other district attorneys shall remain as district attorneys in the district in which they were elected.
Section 8. REPEAL.--Sections 36-1-8.2 through 36-1-8.4 NMSA 1978 (being Laws 1981, Chapter 25, Sections 1 through 3, as amended) are repealed.
Section 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.