Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

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

Campos

DATE TYPED

2/4/04

HB

 

 

SHORT TITLE

Additional 4th District Judge

SB

338

 

 

ANALYST

Koplik

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

$264.3

 

 

Recurring

General Fund

 

$35.7

 

 

Non-Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to

HB 130 – Additional Judge in 13th District

HB 176 - Additional Judgeships

HB 285 - Additional Santa Fe Magistrate Judge

 

Relates to Appropriation in the General Appropriation Act

 

SOURCES OF INFORMATION

LFC Files

 

Responses Received From

Administrative Office of the Courts

 

SUMMARY

 

Synopsis of Bill

 

Senate Bill 338 appropriates $300 thousand from the general fund to the 4th Judicial District Court for an additional judge.

 

The additional judgeship shall be filled by appointment by the governor pursuant to the provisions of Article 6 of the Constitution of New Mexico.  The bill amends NMSA 1978, §34-6-7 to add an additional judge in the Fourth Judicial District, for a total of three district judges.

 

Significant Issues

 

The Administrative Office of the Courts states that although the Weighted Caseload Study indicates that the 4th Judicial District needs an additional judge, the court does not have the space to house an additional judge at this time.  The two judges of the district are working with San Miguel County to obtain approximately $1 million in capital outlay funds to build additional space and renovate the courthouse.  It is the intent of the 4th Judicial District to request an additional judge in FY 2006, if the capital outlay project for the county courthouse is approved.

 

Furthermore, the Administrative Office of the Courts states that 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 as well as additional narrative and testimonial information.  The Council voted to support three district court judgeships in the 9th, 11th, and 13th Judicial Districts, one Bernalillo County Metropolitan Court judgeship and one magistrate court judgeship in Santa Fe County.  The funding request for an additional judge for the Fourth Judicial District is not within the unified judgeship package. 

 

FISCAL IMPLICATIONS

 

The appropriation contained in this bill is a recurring expense of $264.3 thousand and a non-recurring expense of $35.7 to the general fund.  Any unexpended or unencumbered balance remaining at the end of FY 2005 shall revert to the general fund.

 

No appropriations have been made for the expense of an additional district attorney or public defender.

 

ADMINISTRATIVE IMPLICATIONS

 

The court administration will need to work with the county to find space for this additional judge.  

 

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