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 a vailable 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 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 SFC

DATE TYPED 03/10/05 HB

SHORT TITLE Eliminate Lea Magistrate Judge

SB 980/SFCS

ANALYST McSherry

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

***NFI

NFI

***NFI Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

*this bill would take effect in January 2007, FY07 and should result in General Fund savings of

at least $84.9 thousand.

Relates to HB 901, Additional Judgeships, SB 26, Additional Guadalupe District Magistrate; SB

25, Additional 4

th

District Judge; and would duplicate: SB 379, Additional 9

th

District Judge; and

HB 473, Additional Santa Fe Magistrate Judge.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Senate Finance Committee Substitute

Senate Finance Committee Substitute for Bill 980 provides for the elimination of one of the five

magistrate judges in Lea County effective January 1, 2007.

Division 4 is proposed to be in Lovington and would be required to ride circuit to Tatum on a

regular basis. Division 1 and 2 would operate as a single court in Hobbs (rather than divisions 2

and 5). Division 3 would remain in Eunice and would remain charged with the with the respon-

sibility of riding to Jal regularly, and Hobbs as needed. . The Magistrate in Tatum would be re-

moved.

Senate Bill 980/SFCS -- Page 2

Specific language provides that magistrate judges would not be elected at-large, but rather would

be elected by the voters from each magistrate’s division. Magistrates would be required to reside

in their division, but would have district-wide jurisdiction. The bill provides for a redistribution

of the voting precincts to be divided among four, rather than five, districts.

The bill also provides that the magistrate court clerk positions would not be decreased as a result

of the eliminated judgeship. It is proposed that the Administrative Office of the Courts reassign

positions from the abolished court to other magistrate courts and assign other resources including

furniture, equipment and supplies to other magistrate courts as needed

.

Significant Issues

The Supreme Court recommends eliminating this judge position at the end of the current magis-

trate’s term.

PERFORMANCE IMPLICATIONS

There were 69 new cases filed in the Tatum Magistrate Court in FY 04.

According to AOC, the Lovington magistrate should be able to handle these 69 cases by riding

circuit to Tatum.

FISCAL IMPLICATIONS

Senate Bill 980 would result in savings during the FY07 fiscal year of $84.9 thousand.

According to AOC, minimal costs would be incurred to reimburse the Lovington magistrate for

traveling to Tatum.

Savings would not be realized from reduced court building rent because the courthouse would

remain open for cases to be heard by the traveling Lovington magistrate.

ADMINISTRATIVE IMPLICATIONS

There would be a minimal additional administrative burden on the Lovington Magistrate Court.

OTHER SUBSTANTIVE ISSUES

The county shows a documented need, as per the Weighted Caseload Study in 1998, of 2.16

judgeships.

Additional savings could be realized should the Tatum circuit be eliminated along with the mag-

istrate.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

Lea county would maintain 5 judges, despite a documented need of approximately 2 judges.

EM/lg:yr