HOUSE BILL 176
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Henry Kiki Saavedra
FOR THE CORRECTIONS OVERSIGHT AND JUSTICE COMMITTEE
AN ACT
RELATING TO COURTS; CREATING AN ADDITIONAL JUDGESHIP IN THE NINTH JUDICIAL DISTRICT; CREATING AN ADDITIONAL JUDGESHIP IN THE ELEVENTH JUDICIAL DISTRICT; CREATING AN ADDITIONAL JUDGESHIP IN THE THIRTEENTH JUDICIAL DISTRICT; CREATING AN ADDITIONAL JUDGESHIP IN THE BERNALILLO COUNTY METROPOLITAN COURT; CREATING AN ADDITIONAL JUDGESHIP IN THE SANTA FE MAGISTRATE COURT; AMENDING SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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] a principal office in Roosevelt county. As used in this section, "maintain [his] a principal office" means holding court or being available to hold court no less than one hundred forty days during each calendar year."
Section 2. 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] seven 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 and seven shall reside and maintain their principal offices in McKinley county."
Section 3. 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 [six] seven district judges in the thirteenth judicial district. The judges of divisions one, 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 offices] a principal office in Cibola county."
Section 4. 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.
B. Any 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] A successor shall be chosen at that general election and shall hold office until the general election four years later.
E. A judge of the Bernalillo county metropolitan court for division seventeen shall be appointed and shall serve until the 2004 general election. A successor shall be chosen at that general election and shall hold office until the general election four years later."
Section 5. 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 magistrate shall ride circuit to Pojoaque on a regularly scheduled basis."
Section 6. TEMPORARY PROVISION--MAGISTRATE COURT--APPOINTMENT--ELECTION.--The additional magistrate judge provided for in this act shall be filled by appointment by the governor. The appointed magistrate shall begin serving on July 1, 2004 and shall serve until succeeded by a magistrate elected at the general election in 2004. The elected magistrate's term of office shall begin on January 1, 2005 and shall end on December 31, 2006.
Section 7. TEMPORARY PROVISION--DISTRICT JUDGES--APPOINTMENT.--The additional district judges 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 8. APPROPRIATIONS.--
A. The following amounts are appropriated from the general fund to the following entities for expenditure in fiscal year 2005 for the following purposes:
(1) two hundred ninety-nine thousand seven hundred dollars ($299,700) to the ninth judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(2) two hundred ninety-nine thousand seven hundred dollars ($299,700) to the eleventh judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(3) two hundred ninety-nine thousand seven hundred dollars ($299,700) to the thirteenth judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(4) two hundred eighty thousand six hundred dollars ($280,600) to the Bernalillo county metropolitan court for salaries and benefits and furniture, supplies and equipment for one additional judge and support staff in division seventeen; and
(5) eighty-nine thousand three hundred dollars ($89,300) to the administrative office of the courts for salary and benefits and furniture, equipment and supplies for one additional magistrate judge in the Santa Fe magistrate district.
B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.
Section 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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