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F I S C A L I M P A C T R E P O R T

SPONSOR Park

ORIGINAL DATE

LAST UPDATED

1/29/07

HB 488

SHORT TITLE

Metro & Magistrate Judge Salary Formula

SB

ANALYST C.Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$423.1

Recurring

General

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

This bill duplicate SB 301.

This bill relates to HB2 and HB9, which contain language for annual compensation

appropriations.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Court (AOC)

State Personnel Board

Bernalillo County Metropolitan Court

SUMMARY

Synopsis of Bill

House Bill 488 amends Section 34-1-9 NMSA 1978 to increase the salaries of metropolitan court

judges to 95% of the salary of a district judge, instead of 90%. This would also increases

salaries of magistrate court judges since magistrate court judges are paid at 75% of the salary of

a metropolitan court judge.

FISCAL IMPLICATIONS

The bill appropriates recurring funds in the amount of $423.1 for increasing salaries for

metropolitan court and magistrate court judges. This amount will increase every year by

whatever amount the Legislature raises judicial salaries.

House Bill 488 – Page

2

The fiscal impact for the Bernalillo Metropolitan Court would total $119,405 of recurring

general fund. The fiscal impact for the Magistrate Courts would total $303,720 of recurring

general fund.

The following chart sets forth the proposed increases for metropolitan court and magistrate court

judges:

This would require additional funding in the final compensation package appropriation. This

amount would need to be provided to by the Administrative Office of the Courts

SIGNIFICANT ISSUES

•

This bill changes the formula used to calculate Metropolitan Court Judge’s salaries.

However, it will have an impact on all Magistrate Judge’s salaries because the

formula dictates their salary at 75% of a Metropolitan Court Judge’s salary. The

largest number of judges statewide is at the magistrate level.

•

This formula change would disrupt the current relationship between salaries of state

judges at various levels.

•

The Administrative Office of the Courts should be able to work with the

programmers to automatically process any salary increase. It would require a small

change in the salary increase program.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB488 duplicates SB 301.

HB488 relates to HB2 and HB9, which contain language for annual compensation

appropriations.

OTHER SUBSTANTIVE ISSUES

The Judicial Compensation Commission, an independent six-member Commission charged with

recommending to the Legislative Finance Committee and the Department of Finance and

Current

Salary

No. Curr. Rat e NewRate Total

Chief Metro Judge

1

95, 066

$

100, 347

$

6, 388

$

A ssoc . Metro Judges 18

93, 441

$

98,632

$

113, 017

$

Total Metro Cost

119,405

$

Magis tra te Judges

No. Curr. Rat e NewRate Total

P residing Magistrate 2

71, 299

$

75,260

$

9, 503

$

Assoc. Magistrate 63

70,081

$

73,974

$

294, 217

$

Total Magistrate Cost

303,720

$

Tot al

423,125

$

Effect on

Current Salary

House Bill 488 – Page

3

Administration a compensation and benefits plan for New Mexico judges, was created two years

ago.

The Judicial Compensation Commission evaluated judicial salaries, including comparing New

Mexico judges’ salaries and benefits to surrounding states; issues of retention and recruitment;

salaries of attorneys in New Mexico; and reasons judges leave the New Mexico judiciary. The

Commission determined that the current 10 percent salary differential between metropolitan

court judges and district court judges creates an unfair disadvantage for the metropolitan court as

all other judges receive only a 5 percent differential.

On November 9, 2006, the Commission submitted its recommendation to DFA and LFC to

increase the salaries of metropolitan court judges to 95% of the salary of a district judge, instead

of 90%. This would also increases salaries of magistrate court judges since magistrate court

judges are paid at 75% of the salary of a metropolitan court judge.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status quo will be maintained.

CS/mt