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Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

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

 

 

 

SPONSOR

Saavedra

DATE TYPED

1/27/04

HB

176

 

SHORT TITLE

Additional Judgeships

SB

 

 

 

ANALYST

Koplik

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

$1,269.0

 

$1,110.8

$1,110.8

Recurring

$158.2

Non-recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to Appropriation in the General Appropriation Act

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From

Administrative Office of the Courts

Public Defenders Office

 

SUMMARY

 

Synopsis of Bill

 

House Bill 176 appropriates $1.269 million from the general fund for five judgeships, in the Ninth, Eleventh, and Thirteenth judicial district courts, in Bernalillo County Metropolitan Court, and Santa Fe Magistrate Court.

 

Significant Issues

 

 This Corrections Oversight and Justice Committee sponsored bill creates and provides for an appropriation for: one new judgeship in the Ninth Judicial District, one new judgeship in the Eleventh Judicial District (McKinley County), one new judgeship in the Thirteenth Judicial District (Sandoval County), one new Metropolitan Court judgeship, and one additional magistrate judgeship in Santa Fe County. 

 

The metropolitan court judgeship in Bernalillo County shall be filled by appointment by the governor and shall serve until the 2004 general election.  The successor chosen at the general election shall hold office until the general election four years later. 

 

The magistrate court judgeship in Santa Fe County shall be filed by appointment by the governor and 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.

 

The three district court judgeships in the Ninth, Eleventh, and Thirteen Judicial Districts shall be appointed by the governor pursuant to the provisions of Article 6 of the Constitution of New Mexico.

 

The bill provides appropriations for salaries and benefits and furniture, supplies and equipment for the additional judges and support staff. 

 

The effective date of the act is July 1, 2004.

 

The appropriations are laid out in the following table:

 

JUDGESHIP APPROPRIATIONS

Judgeships

Appropriation to the Court or the AOC

9th Judicial (1 judge and support staff)

$299.7

11th Judicial (1 judge and support staff)

$299.7

13th Judicial (1 judge and support staff)

$299.7

Metro Court (1 judge and support staff)

$280.6

Magistrate - Santa Fe (1 judge)

$89.3

Total

$1,269.0

 

In November 1998, the AOC completed and updated an 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, expressed in minutes, for each type of case heard in a court.  The weight represents the average amount of judge’s time necessary to process a case of that type.  Each weight is multiplied by the number of new cases filed per category. 

 

The Chief Judges Council reviewed all district, metropolitan, and magistrate judgeship requests statewide and considered both the need as determined by the Weighted Caseload Study applied to FY 03 data, as well as additional narrative and testimonial information.  The Council voted to support the judgeship requests in this bill.

 

The results of the Weighted Caseload Study for each judgeship request in this bill as follows: 

 

           

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FISCAL IMPLICATIONS:

 

This bill provides a $1,269.0 appropriation from the general fund.  Any unexpended or unencumbered balance remaining at the end of FY 2005 shall revert to the general fund.  

 

$1.11 million of the $1.269 million appropriation is a recurring expense of to the general fund.  The remaining $158.2 for initial set-up costs is non-recurring.

 

 

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