SENATE BILL 831

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Leonard Lee Rawson

AN ACT

RELATING TO THE JUDICIAL BRANCH OF GOVERNMENT; PROVIDING FOR A CONSOLIDATION STUDY COMMITTEE TO STUDY THE POTENTIAL CONSOLIDATION OF THE MAGISTRATE AND MUNICIPAL COURTS IN DONA ANA COUNTY; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. CONSOLIDATION STUDY COMMITTEE--COMPOSITION--DUTIES.--

          A. With the approval and direction of the supreme court, the administrative office of the courts shall create a "consolidation study committee" to study the potential consolidation of the magistrate and municipal courts in Dona Ana county. The committee shall consist of fifteen members as follows:

                (1) a district judge from the third judicial district, appointed by the chief judge of the district;

                (2) a Dona Ana county magistrate judge, appointed by the director of the administrative office of the courts;

                (3) a municipal judge from the city of Las Cruces, appointed by the director of the administrative office of the courts;

                (4) three attorneys who commonly practice in the Dona Ana county magistrate court or the city of Las Cruces municipal court, appointed by the third judicial district bar association;

                (5) one public member appointed by the mayor of the city of Las Cruces;

                (6) one public member appointed by the board of county commissioners for Dona Ana county;

                (7) one administrative employee from the Dona Ana county magistrate court, appointed by the magistrates;

                (8) one administrative employee from the city of Las Cruces municipal court, appointed by the municipal judges;

                (9) one administrative employee from the third judicial district court, appointed by the district court judges;

                (10) a designee of the director of the administrative office of the courts;

                (11) the district attorney for the third judicial district;

                (12) the district public defender for the third judicial district; and

                (13) a member of the city council of the city of Las Cruces, appointed by the city council.

          B. The committee shall elect a chair and such other officers as it deems necessary. The committee shall meet at the call of the chair but no less than once per month. The committee may contract with a part-time individual to assist the committee with its administrative functions.

          C. Committee members shall not be paid but may be reimbursed for per diem and mileage pursuant to the Per Diem and Mileage Act.

          D. The committee shall investigate and evaluate the effectiveness and judicial efficiency of community-based judicial systems in other areas and determine the feasibility of creating a consolidated system in the Dona Ana county court system. The committee shall report its findings and recommendation to the city council, the board of county commissioners and the legislature by December 1, 2005.

     Section 2. APPROPRIATION.--Sixty thousand dollars ($60,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2006 for carrying out the provisions of this act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert to the general fund.

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