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

SPONSOR Sánchez, M.

DATE TYPED 2/28/05

HB

SHORT TITLE Public Defender Employees, Raises and Contracts

SB 865

ANALYST Medina

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$211.9

Recurring General Fund

$211.9

Recurring General Fund

$211.9

Recurring General Fund

$112.8

Recurring General Fund

$87.6

Recurring General Fund

$58.9

Recurring General Fund

$58.1

Recurring General Fund

$37.6

Recurring General Fund

$500.0

Recurring General Fund

$1,200.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Appropriation in the General Appropriation Act

A portion duplicates House Bill 408

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (NMPD)

Administrative Office of the Courts (AOC)

Senate Bill 865 -- Page 2

SUMMARY

Synopsis of Bill

Senate Bill 865 appropriates $2,690.7 from the general fund to the Public Defender Department

for the purpose of adding twenty FTE to the department staff, providing a fee structure for con-

tracting representation of defendants in death penalty cases, and providing salary increases for

public defenders.

Significant Issues

Additional Staff. This bill appropriates $990.7 for the purpose of adding twenty FTE distributed

across the state as follows:

•

three attorneys and one secretary in the Albuquerque felony office;

•

three attorneys and a secretary in the Bernalillo County Metropolitan Court office;

•

three attorneys and a secretary in the Clovis office,

•

one receptionist each in the Taos, Aztec and Alamogordo offices;

•

an information technology support staff in the southern part of the state;

•

an attorney in the Santa Fe office; and

•

a data entry clerk for the contract counsel legal services program.

The agency did not request these positions as expansion items in its original budget request.

Contract Attorney Representation. The bill also appropriates $500.0 for the department to

support contract attorney representation of defendants in death penalty cases. The department has

requested continuing language to expend the remaining balance of the $870.0 appropriated by

Laws 2004 for support of the Santa Rosa prison riot cases and an additional $640.0 as a special

appropriation to provide contract case support, both of which are supported by HAFC Substitute

for HB 2 et al.

Pay Parity. The $1,200.0 appropriation in this bill duplicates the appropriation in House Bill

408, which calls for salary increases for attorneys in the Public Defender Department to achieve

pay parity at all attorney classifications with other state-employed attorneys including those em-

ployed by the executive branch, the Office of the Attorney General and the Administrative Of-

fice of the Courts. The following table summarizes the cost of pay parity with benefits for the

public defenders.

Attorney Classification

Cost with Benefits

Public defender I and II (entry-level)

$426.0

Public defender III (mid-level)

$468.0

Public defender IV (mid-level)

$284.0

Public defender V (advanced-level)

$42.0

Total Cost for Public Defender Parity

$1,220.0

HAFC Substitute for HB 2 et al. includes $154.6 thousand to provide a special two percent salary

increase for entry- and mid-level public defenders. This appropriation addresses recruitment and

retention issues raised and heard by the LFC during the interim.

Senate Bill 865 -- Page 3

FISCAL IMPLICATIONS

The appropriation of $2,690.7 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2006 shall revert

to the general fund.

The LFC FY06 appropriation recommendation is balanced between revenues and expenditures

and any increase in recurring funding must be offset by reductions in other areas of the recom-

mendation. The Legislature must consider all priorities and funding requirements to find reve-

nue to support this legislation.

The department does not believe that funds are available for the appropriations in this bill on an

ongoing basis. The appropriation in this bill is not included in the executive’s budget recommen-

dation, which the department supports.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

House Bill 408 provides for pay parity for public defenders with other state-employed attorneys.

House Bill 406 provides for pay parity for assistant district attorneys with other state-employed

attorneys.

OTHER SUBSTANTIVE ISSUES

HAFC Substitute for HB 2 et al. includes an appropriation of $550.0 to NMPD for the purpose of

adding five attorneys and three secretaries to the NMPD staff ($420.0) and funding contract at-

torneys and overhead ($130.0) contingent upon passage of House Bill 901 during this legislative

session. House Bill 901 proposes additional judgeships throughout the judiciary.

POSSIBLE QUESTIONS

Are the appropriations contained in this bill vital to the operations of the Public Defender De-

partment.

DXM/lg