46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO COURTS; INCREASING THE NUMBER OF JUDGES IN CERTAIN JUDICIAL DISTRICTS AND MAGISTRATE AND METROPOLITAN COURTS; ELIMINATING CERTAIN MAGISTRATE COURTS AND JUDGESHIPS; INCREASING THE NUMBER OF JUDGES IN CERTAIN MAGISTRATE DISTRICTS; PROVIDING FOR THE REALLOCATION OF JUDICIAL RESOURCES; PROVIDING ADDITIONAL RESOURCES FOR THE PUBLIC DEFENDER DEPARTMENT AND DISTRICT ATTORNEYS AFFECTED BY ADDITIONAL JUDGES; MAKING APPROPRIATIONS.
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 34-6-9 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 shall reside and maintain his principal
office in Grant county."
Section 3. Section 34-6-12 NMSA 1978 (being Laws 1968, Chapter 69, Section 15, as amended) is amended to read:
"34-6-12. JUDGES--NINTH JUDICIAL DISTRICT.--There shall
be [three] four district judges in the ninth judicial district.
The judge of division three shall reside in Curry or Roosevelt
county and maintain his principal office in Roosevelt county.
As used in this section, "maintain his principal office" means
holding court or being available to hold court no less than one
hundred forty days during each calendar year."
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] seven district judges in the thirteenth
judicial district. The judges of divisions one, [and] three
and six shall reside and maintain their principal offices in
Valencia county. The judges of divisions two, [and] five and
seven shall reside and maintain their principal offices in
Sandoval county. The judge of division four shall reside and
maintain his principal office] offices 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] A 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 twenty judges of the Bernalillo county metropolitan court."
Section 8. Section 35-1-7 NMSA 1978 (being Laws 1968, Chapter 62, Section 9, as amended) is amended to read:
"35-1-7. MAGISTRATE COURT--COLFAX DISTRICT.--There shall
be [two magistrates] one magistrate in Colfax magistrate
district [division 1] whose principal court is in Raton [and
division 2 in]. The magistrate shall ride circuit to Springer
[The magistrates shall ride circuit to Cimarron] on a regularly
scheduled basis."
Section 9. Section 35-1-10 NMSA 1978 (being Laws 1968, Chapter 62, Section 12, as amended) is amended to read:
"35-1-10. MAGISTRATE COURT--DONA ANA DISTRICT.--There
shall be [five] six magistrates in Dona Ana magistrate
district. Divisions 1, 2, 3, 4, [and] 5 and 6 shall operate as
a single court in Las Cruces and shall rotate riding circuit to
Anthony and Hatch on a regularly scheduled basis."
Section 10. Section 35-1-11 NMSA 1978 (being Laws 1968, Chapter 62, Section 13, as amended) is amended to read:
"35-1-11. MAGISTRATE COURT--EDDY DISTRICT.--
A. There shall be [three] two magistrates in Eddy
magistrate district, divisions 1 and 2 operating as a single
court in Carlsbad [operating as a single court and division 3
in]. A magistrate shall ride circuit to Artesia on a regularly
scheduled basis.
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 divisions but shall have district-wide jurisdiction. The composition of the divisions for election and residence purposes is as follows:
(1) division 1 is composed of Eddy county precincts 9 through 16 and 31 through 33; and
(2) division 2 is composed of Eddy county precincts 1 through 8, 17 through 21, 23, 25 through 30 and 34 through 45."
Section 11. Section 35-1-12 NMSA 1978 (being Laws 1968, Chapter 62, Section 14) is amended to read:
"35-1-12. MAGISTRATE COURT--GRANT DISTRICT.--There shall
be two magistrates in Grant magistrate district, [division 1]
divisions 1 and 2 operating as a single court in Silver City
[and division 2 in Bayard]."
Section 12. Section 35-1-13 NMSA 1978 (being Laws 1968, Chapter 62, Section 15, as amended) is amended to read:
"35-1-13. MAGISTRATE COURT--GUADALUPE DISTRICT.--There
shall be one magistrate in Guadalupe magistrate district [whose
principal] with a court [is] in Santa Rosa. [The magistrate
shall ride circuit to Vaughn on a regularly scheduled basis.]"
Section 13. Section 35-1-16 NMSA 1978 (being Laws 1968, Chapter 62, Section 18, as amended) is amended to read:
"35-1-16. MAGISTRATE COURT--LEA DISTRICT.--
A. There shall be [five] three magistrates in Lea
magistrate district, division 1 in Lovington and divisions 2
and [5] 3 operating as a single court in Hobbs [division 3 in
Eunice and division 4 in Tatum. The division 3 magistrate
shall ride circuit to Jal on a regularly scheduled basis and
shall ride circuit to Hobbs as needed].
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 divisions but shall have district-wide jurisdiction. The composition of the divisions for elections and residence purposes is as follows:
(1) division 1 is composed of Lea county precincts 2, 3, 10 through 18, 20 through 24, 26 and 30;
(2) division 2 is composed of Lea county precincts 35, 51 through 55 and 61; and
(3) division 3 is composed of Lea county precincts 25, 27 through 29, 31 through 34, 36, 41 through 44, 62 and 71 through 74."
Section 14. Section 35-1-17 NMSA 1978 (being Laws 1968, Chapter 62, Section 19, as amended) is amended to read:
"35-1-17. MAGISTRATE COURT--LINCOLN DISTRICT.--There
shall be [two magistrates] one magistrate in Lincoln magistrate
district [division 1 in Carrizozo and division 2] whose
principal court is in Ruidoso. The magistrate shall ride
circuit to Carrizozo on a regularly scheduled basis."
Section 15. Section 35-1-20 NMSA 1978 (being Laws 1968, Chapter 62, Section 22, as amended) is amended to read:
"35-1-20. MAGISTRATE COURT--MCKINLEY DISTRICT.--There
shall be three magistrates in McKinley magistrate district,
divisions 1, [and] 2 and 3 operating as a single court in
Gallup [and division 3 in Thoreau]."
Section 16. Section 35-1-23 NMSA 1978 (being Laws 1968, Chapter 62, Section 25, as amended) is amended to read:
"35-1-23. MAGISTRATE COURT--QUAY DISTRICT.--There shall
be one magistrate in Quay magistrate district [whose principal]
with a court [is] in Tucumcari. [The magistrate shall ride
circuit to San Jon on a regularly scheduled basis.]"
Section 17. 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 district-wide 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] 60 through 69
and 72 through 76;
(2) division 2 is composed of San Juan county
precincts [2 through 4, 8 through 14, 18, 28 through 31 and 82]
2 through 4, 8 through 14, 18, 19 and 82;
(3) division 3 is composed of San Juan county
precincts [20 through 27, 40 through 46, 49, 51, 52 and 54] 20,
22 through 25, 27, 30, 40 through 44, 46, 47 and 49; [and]
(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] 1, 5 through 7, 15, 16, 53, 57, 58,
71, 79, 81 and 83 through 86; and
(5) division 5 is composed of San Juan county precincts 21, 26, 28, 29, 31, 45, 51, 52, 54 through 56, 59 and 70."
Section 18. 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 19. Section 35-1-32 NMSA 1978 (being Laws 1968, Chapter 62, Section 34, as amended) is amended to read:
"35-1-32. MAGISTRATE COURT--TAOS DISTRICT.--There shall
be [two magistrates] one magistrate in Taos magistrate district
[divisions 1 and 2 operating as a single] with a court in Taos.
[The magistrates shall rotate riding circuit to Questa on a
regularly scheduled basis.]"
Section 20. Section 35-1-33 NMSA 1978 (being Laws 1968, Chapter 62, Section 35, as amended) is amended to read:
"35-1-33. MAGISTRATE COURT--TORRANCE DISTRICT.--There
shall be one magistrate in Torrance magistrate district [whose
principal] with a court [is] in Moriarty. [The magistrate
shall ride circuit to Estancia on a regularly scheduled
basis.]"
Section 21. TEMPORARY PROVISION--COURT CLOSURES--CLERK
POSITIONS--OTHER RESOURCES.--The magistrate court clerk positions assigned to the magistrate courts shall not be decreased as a result of this act, but the administrative office of the courts shall reassign positions from the abolished courts to other magistrate courts. The administrative office of the courts shall reassign other resources, including furniture, equipment and supplies, to other magistrate courts as needed.
Section 22. 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 23. TEMPORARY PROVISION--MAGISTRATE COURTS--APPOINTMENTS AND ELECTION.--
A. The offices of magistrate in Dona Ana division 6, San Juan division 5 and Santa Fe division 4 shall be filled by appointments by the governor to begin serving on July 1, 2003. The appointed magistrates shall serve until succeeded by magistrates 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 Dona Ana division 6, San Juan division 5 and Santa Fe division 4 shall be filled by election at the general election held in 2006 and those terms of office shall begin January 1, 2007.
Section 24. APPROPRIATIONS.--
A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2004 for the following purposes in the third judicial district:
(1) two hundred ninety-three thousand two hundred ninety dollars ($293,290) to the third judicial district court for 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 for salaries and benefits and furniture, supplies and equipment for additional staff due to increased district court workload; and
(3) one hundred five thousand five hundred thirty dollars ($105,530) 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 district court workload.
B. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2004 for the following purposes in the sixth judicial district:
(1) two hundred ninety-three thousand two hundred ninety dollars ($293,290) to the sixth judicial district court for salaries and benefits and furniture, supplies and equipment for one additional judge and support staff; and
(2) seventy-eight thousand six hundred sixty-five dollars ($78,665) to the sixth judicial district attorney for salaries and benefits and furniture, supplies and equipment for additional staff due to increased district court workload.
C. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2004 for the following purposes in the ninth judicial district:
(1) two hundred ninety-three thousand two hundred eighty-eight dollars ($293,288) to the ninth judicial district court for salaries and benefits and furniture, supplies and equipment for an additional judge and support staff;
(2) seventy-eight thousand six hundred sixty-five dollars ($78,665) to the ninth judicial district attorney for salaries and benefits and furniture, supplies and equipment for additional staff due to increased district court workload; and
(3) one hundred five thousand five hundred thirty dollars ($105,530) 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 district court workload.
D. Five hundred eighty-six thousand five hundred eighty dollars ($586,580) is appropriated from the general fund to the eleventh judicial district court for expenditure in fiscal year 2004 for salaries and benefits and furniture, supplies and equipment for two additional judges and support staff.
E. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2004 for the following purposes in the thirteenth judicial district:
(1) five hundred eighty-six thousand five hundred eighty dollars ($586,580) to the thirteenth judicial district court for salaries and benefits and furniture, supplies and equipment for two additional judges and support staff; and
(2) one hundred fifty-seven thousand three hundred thirty dollars ($157,330) to the thirteenth judicial district attorney for salaries and benefits and furniture, supplies and equipment for additional staff due to increased workload in division one.
F. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2004 for increased costs in the Bernalillo county metropolitan court:
(1) two hundred seventy-four thousand sixty-five dollars ($274,065) to the Bernalillo county metropolitan court for salaries and benefits and furniture, supplies and equipment for a judge and support staff in division seventeen;
(2) two hundred seventy-four thousand sixty-five dollars ($274,065) to the Bernalillo county metropolitan court for salaries and benefits and furniture, supplies and equipment for a judge and support staff in division eighteen;
(3) two hundred seventy-four thousand sixty-five dollars ($274,065) to the Bernalillo county metropolitan court for salaries and benefits and furniture, supplies and equipment for a judge and support staff in division nineteen;
(4) two hundred seventy-four thousand sixty-five dollars ($274,065) to the Bernalillo county metropolitan court for salaries and benefits and furniture, supplies and equipment for a judge and support staff in division twenty;
(5) four hundred nineteen thousand eight hundred thirty dollars ($419,830) to the second judicial district attorney for salaries and benefits and furniture, supplies and equipment for additional staff due to increased metropolitan court workload; and
(6) four hundred fifty-eight thousand dollars ($458,000) 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 metropolitan court workload.
G. 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 Dona Ana 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 Dona Ana magistrate district;
(2) seventy-five thousand nine hundred twenty-five dollars ($75,925) to the third judicial district attorney for salaries and benefits and furniture, supplies and equipment due to the increased workload in the Dona Ana magistrate district; and
(3) eighty-eight thousand twenty dollars ($88,020) 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 Dona Ana magistrate district.
H. 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 San Juan 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 San Juan magistrate district;
(2) seventy-five thousand nine hundred twenty-five dollars ($75,925) to the third judicial district attorney for salaries and benefits and furniture, supplies and equipment due to the increased workload in the San Juan magistrate district; and
(3) eighty-eight thousand twenty dollars ($88,020) 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 San Juan magistrate district.
I. 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 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.
J. 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 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.