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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-five percent of the annual salary

of the chief judge of a district court.

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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-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

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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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