HOUSE BILL 285

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO COURTS; CREATING AN ADDITIONAL JUDGESHIP IN THE SANTA FE MAGISTRATE COURT; AMENDING A SECTION OF THE NMSA 1978; MAKING AN APPROPRIATION.

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 magistrate shall ride circuit to Pojoaque on a regularly scheduled basis."

     Section 2. TEMPORARY PROVISION--MAGISTRATE COURT--APPOINTMENT--ELECTION.--The additional magistrate judgeship 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 3. APPROPRIATION.--Eighty-nine thousand three hundred dollars ($89,300) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2005 for salary and benefits and furniture, equipment and supplies for one additional magistrate judge in the Santa Fe magistrate district. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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