SENATE BILL 222

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

INTRODUCED BY

H. Diane Snyder

AN ACT

RELATING TO JUDGES; PROVIDING FOR SALARIES OF CHIEF JUDGES; 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 34-1-9 NMSA 1978 (being Laws 1993, Chapter 278, Section 1) is amended to read:

     "34-1-9. SALARIES OF JUSTICES, JUDGES AND MAGISTRATES.--

          A. Justices of the supreme court shall each receive an annual salary [of seventy-seven thousand two hundred fifty dollars ($77,250)] as provided by the legislature. The chief justice of the supreme court shall receive an annual salary that is two thousand dollars ($2,000) more than the annual salary of a justice of the supreme court.

          B. The chief judge of:

                (1) the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of the chief justice of the supreme court;

                (2) a district court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of the court of appeals;

                (3) a metropolitan court shall receive an annual salary that is ninety percent of the annual salary of the chief judge of a district court; and

                (4) a magistrate district consisting of three or more magistrates shall receive an annual salary that is seventy-five percent of the annual salary of the chief judge of a metropolitan court.

          C. Notwithstanding any other provision of law or any other provision of this section, the annual salaries of the following judges and magistrates shall be established as follows:

                (1) a judge of the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of a justice of the supreme court;

                (2) a district court judge shall receive an annual salary that is ninety-five percent of the annual salary of a judge of the court of appeals;

                (3) a metropolitan court judge shall receive an annual salary that is ninety percent of the annual salary of a district court judge;

                (4) a full-time magistrate shall receive an annual salary that is seventy-five percent of the annual salary of a metropolitan court judge;

                (5) a half-time magistrate shall receive an annual salary that is fifty percent of the annual salary of a full-time magistrate; and

                (6) a quarter-time magistrate shall receive an annual salary that is twenty-five percent of the annual salary of a full-time magistrate.

          D. For [the eighty-third] fiscal year 1995 and all subsequent fiscal years, the annual salary for justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall be established by the legislature in an appropriations act.

          E. No additional salaries shall be paid to justices, judges or magistrates on account of services rendered the state. Justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall receive per diem and mileage for necessary travel on official business of the court as provided in the Per Diem and Mileage Act."

     Section 2. APPROPRIATION.--Thirty-two thousand four hundred dollars ($32,400) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2005 to provide for the salary differential of chief judges. Any unexpended or unencumbered balance remaining at the end of fiscal year 2005 shall revert to the general fund.

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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