SB 341

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AN ACT

RELATING TO COURTS; ELIMINATING A MAGISTRATE JUDGE POSITION

IN THE LEA MAGISTRATE DISTRICT; DECLARING AN EMERGENCY.

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

Section 1. Section 35-1-16 NMSA 1978 (being Laws 1968,

Chapter 62, Section 18, as amended) is amended to read:

"35-1-16. MAGISTRATE COURT--LEA DISTRICT.--

A. Until January 1, 2007, there shall be five

magistrates in Lea magistrate district, division 1 in

Lovington, divisions 2 and 5 operating as a single court in

Hobbs, division 3 in Eunice and division 4 in Tatum. The

division 3 magistrate shall ride circuit to Jal on a

regularly scheduled basis and shall ride circuit to Hobbs as

needed.

B. On January 1, 2007, there shall be four

magistrates in the Lea magistrate district, division 4 in

Lovington, divisions 1 and 2 operating as a single court in

Hobbs and division 3 in Eunice. The division 4 magistrate

shall ride circuit to Tatum on a regularly scheduled basis.

The division 3 magistrate shall ride circuit to Jal on a

regularly scheduled basis and shall ride circuit to Hobbs as

needed.

C. Magistrate judges shall not be elected at-large

from the district, but shall be elected by the voters of the

SB 341

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division for which the magistrate sits. Magistrate judges

shall reside in their divisions, but shall have district-wide

jurisdiction. For the 2006 and subsequent elections, the

composition of the divisions for elections and residence

purposes is as follows:

(1) division 1 is composed of Lea county

precincts 23 through 30, 32 and 41 through 43;

(2) division 2 is composed of Lea county

precincts 33 through 35, 44, 51 through 55 and 61;

(3) division 3 is composed of Lea county

precincts 20, 22, 31, 36, 62 and 71 through 74; and

(4) division 4 is composed of Lea county

precincts 2, 3, 10 through 18 and 21."

Section 2. TEMPORARY PROVISION--COURT CLOSURES--CLERK

POSITIONS--OTHER RESOURCES.--The magistrate court clerk

positions assigned to the magistrate courts shall not be

decreased as a result of this act, but the administrative

office of the courts shall reassign positions from the

abolished court to other magistrate courts. The

administrative office of the courts shall reassign other

resources, including furniture, equipment and supplies, to

other magistrate courts as needed.

Section 3. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.