HOUSE BILL 791
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Henry 'Kiki' Saavedra
AN ACT
RELATING TO JUDGES; AMENDING THE FORMULA FOR DETERMINING SALARIES OF METROPOLITAN AND MAGISTRATE COURT JUDGES; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 34-1-9 NMSA 1978 (being Laws 1993, Chapter 278, Section 1, as amended) is amended to read:
"34-1-9. SALARIES OF JUSTICES, JUDGES AND MAGISTRATES.--
A. Justices of the supreme court shall each receive an annual salary as provided by the legislature. The chief justice of the supreme court shall receive an annual salary that is two thousand dollars ($2,000) more than the annual salary of a justice of the supreme court.
B. The chief judge of:
(1) the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of the chief justice of the supreme court;
(2) a district court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of the court of appeals; and
(3) a metropolitan court shall receive an annual salary that is [ninety] ninety-five percent of the annual salary of the chief judge of a district court.
C. The presiding magistrate of a magistrate district where three or more divisions operate as a single court shall receive an annual salary that is seventy-five percent of the annual salary of the chief judge of a metropolitan court.
D. Notwithstanding any other provision of law or any other provision of this section, the annual salaries of the following judges and magistrates shall be established as follows:
(1) a judge of the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of a justice of the supreme court;
(2) a district court judge shall receive an annual salary that is ninety-five percent of the annual salary of a judge of the court of appeals;
(3) a metropolitan court judge shall receive an annual salary that is [ninety] ninety-five percent of the annual salary of a district court judge;
(4) a full-time magistrate shall receive an annual salary that is seventy-five percent of the annual salary of a metropolitan court judge;
(5) a half-time magistrate shall receive an annual salary that is fifty percent of the annual salary of a full-time magistrate; and
(6) a quarter-time magistrate shall receive an annual salary that is twenty-five percent of the annual salary of a full-time magistrate.
E. For fiscal year 1995 and all subsequent fiscal years, the annual salary for justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall be established by the legislature in an appropriations act.
F. No additional salaries shall be paid to justices, judges or magistrates on account of services rendered the state. Justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall receive per diem and mileage for necessary travel on official business of the court as provided in the Per Diem and Mileage Act."
Section 2. APPROPRIATION.--
A. Four hundred twenty-three thousand one hundred twenty-five dollars ($423,125) is appropriated from the general fund to the following agencies for expenditure in fiscal year 2008 to pay the cost of increasing the percentage of judicial salaries pursuant to Section 34-1-9 NMSA 1978 in the following amounts:
(1) one hundred nineteen thousand four hundred five dollars ($119,405) to the Bernalillo county metropolitan court for metropolitan judges' salaries; and
(2) three hundred three thousand seven hundred twenty dollars ($303,720) to the administrative office of the courts for magistrate judges' salaries.
B. The salary increases shall be effective the first full pay period after July 1, 2007. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.
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