SENATE BILL 9

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Leonard Lee Rawson

AN ACT

RELATING TO COURTS; CREATING AN ADDITIONAL MAGISTRATE IN THE DONA ANA MAGISTRATE DISTRICT; REQUIRING THE MAGISTRATE TO BE A MEMBER OF THE BAR WITH THREE YEARS' EXPERIENCE; MAKING AN APPROPRIATION.

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

     Section 1. Section 35-1-10 NMSA 1978 (being Laws 1968, Chapter 62, Section 12, as amended) is amended to read:

     "35-1-10. MAGISTRATE COURT--DONA ANA DISTRICT QUALIFICATION.--

          A. There shall be [five] six magistrates in Dona Ana magistrate district. Divisions 1, 2, 3, 4, [and] 5 and 6 shall operate as a single court in Las Cruces and shall rotate riding circuit to Anthony and Hatch on a regularly scheduled basis.

          B. A person shall not be eligible for election or appointment to the office of magistrate for division 6 unless the person is a member of the New Mexico bar and has practiced in this state for a period of at least three years."

     Section 2. TEMPORARY PROVISION--APPOINTMENT AND ELECTION.--The office of magistrate in Dona Ana division 6 shall be filled by appointment by the governor to begin serving on January 1, 2009. The appointed magistrate shall serve until succeeded by a qualified magistrate elected at the general election in 2010. The first full term of office of the elected magistrate shall begin on January 1, 2011.

     Section 3. APPROPRIATION.--Seventy thousand eight hundred ninety-nine dollars ($70,899) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2009 for salary and benefits and furniture, supplies and equipment for one additional magistrate judge in the Dona Ana magistrate district. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2009.

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