NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

SFC

 

DATE TYPED:

02/28/03

 

HB

 

 

SHORT TITLE:

Increase Judgeships in Certain Judicial Districts

 

SB

906/SFCS

 

 

ANALYST:

Hayes

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

-0-

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to SB 39, SB 143 and SB 176

 

SOURCES OF INFORMATION

 

LFC files

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 906 amends Section 34-6-6 NMSA 1978 to increase the number of judgeships in the Third Judicial District Court from six to seven.

 

Senate Bill 906 also amends Section 34-6-9 NMSA 1978 to increase the number of judgeships in the Sixth Judicial District Court from two to three.  The judge of division 1 shall reside and maintain his principal office in Grant county.

 

A temporary provision is included in the bill which states that the two judgeships created by this legislation shall be filled by appointment by the governor pursuant to the provisions of Article 6 of the constitution of New Mexico.

 

     Significant Issues

 

  1. In 1998, the AOC completed an updated and expanded study to provide the Legislature with a methodology for determining the needs for additional judgeships, the Weighted Caseload Study.  The study assigns a weight for each type of case.  The weight, expressed in minutes, represents the average amount of judge’s time necessary to process a case of that type.  Each weight is then multiplied by the number of new cases filed per category.  Although some judges question this methodology, it is the accepted formula of the Chief Judges Council in determining judgeship needs.

 

  1. The Chief Judges Council reviewed the Weighted Caseload Study and voted to support one judgeship requested for the Third Judicial District Court and one judgeship for the Sixth Judicial District Court as highlighted in the Judiciary Unified Budget document.

 

RELATIONSHIP

 

HB 52 requests a salary increase for all state judges in New Mexico beginning July 1, 2003.

 

SB 39 requests an additional judgeship for the Third Judicial District Court.

 

SB 143, the “judgeship bill,” addresses the needs for judgeship in district, metropolitan and magistrate courts.

 

SB 176 requests an additional judgeship for the Sixth Judicial District Court.

 

CMH/yr