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 Fidel

ORIGINAL DATE

LAST UPDATED

2/11/2006

HB

SHORT TITLE Administrative Office of District Attorneys

SB 614

ANALYST Lewis/McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$2,082.5

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates HB 366.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of District Attorneys (AODA)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 614 appropriates $2,082,500 from the general fund to the to the Administrative Of-

fice of the District Attorneys to provide for parity salary adjustments for attorneys in the district

attorney offices.

FISCAL IMPLICATIONS

The appropriation contained in this bill is a recurring expense to the general fund. Any unex-

pended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the gen-

eral fund.

House Bill 7, for the Legislative Finance Committee, provides for five percent salary increases

for District Attorneys ($81,955) and District Attorney employees ($2,136,420).

Senate Bill 614 – Page 2

SIGNIFICANT ISSUES

According to the Administrative Office of District Attorneys (AODA),

Prosecutors are the lowest paid attorneys in state government, receiving an average of 15

percent ($5-12,000 per year) less than other state attorneys with comparable experience.

Turnover rates for attorney positions in some district attorneys’ offices are as high as 30 per-

cent and average 22 percent statewide.

The high turnover rates affect the criminal justice system,

o

leading to inefficient processing of criminal cases, and

o

requiring excessive time and resources to train new attorneys.

According to the Administrative Office of the Courts (AOC), there is an ongoing statewide study

to review and assess the staffing requirements of the district attorneys, public defenders, and

judges. The study will be completed in FY 07.

PERFORMANCE IMPLICATIONS

The AOC notes that FY 06 is the third year that the courts are participating in performance based

budgeting, and suggests that this bill may have an impact on the measures of the district courts in

the following areas:

cases disposed as a percent of cases filed,

percent change in case filings by case type, and

clearance rate.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

According to the AODA, District Attorneys’ offices will continue to have high turnover rates

and experience the inefficiencies associated with being unable to retain a tenured attorney staff.

ML/BMC/mt