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

Rainaldi

ORIGINAL DATE

LAST UPDATED

1/23/08

HB

SHORT TITLE

Election of Supreme Court Chief Justice

SB 239

ANALYST C. Sanchez

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Supreme Court (SC)

SUMMARY

Synopsis of Bill

SB 239 changes the date upon which the five justices of the Supreme Court elect a chief justice.

Currently, Section 34-2-1 requires this election to occur once every two years, in early January

of odd-numbered years. Under the current statute, the next chief justice election will be in

January 2009. The only impact of this bill will be to change the time of the election to early

April of every even-numbered year. The first effective application of SB 239 would be in April

2010.

FISCAL IMPLICATIONS

This bill has no fiscal impact; it simply changes the date on which the chief justice election

occurs.

SIGNIFICANT ISSUES

SB 239 presents no significant issues. According to the AOC, changing the date of the chief

justice election will have a beneficial impact on the operation of the Supreme Court. Electing

the chief justice in April of even-numbered years, just after the end of a 30-day legislative

session, will allow the newly elected chief justice to be involved in the preparation of the next

budget and legislative initiatives from the beginning of the legislative cycle. At present, with the

chief justice election occurring in January of odd-numbered years, the newly elected chief justice

must immediately prepare to address the entire legislature regarding the state of the judiciary, as

well as assuming immediate responsibility for the judiciary’s legislative initiatives. These

include a complicated budget with priorities determined beginning the preceding April, although

that process involved the former chief justice. Moving the chief justice election to April

Senate Bill 239 – Page

2

following the conclusion of a 30-day legislative session allows the chief justice to better serve

the needs of the judiciary.

PERFORMANCE IMPLICATIONS

Electing the chief justice in April of each year following a 30-day legislative session could

benefit the efficient and effective operation of the New Mexico Supreme Court.

ADMINISTRATIVE IMPLICATIONS

A foreshortened term may occur for the chief justice to be elected in January 2009, since SB 239

will change the term of that chief justice so that a new chief justice is elected in April 2010

instead of January 2011.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The election of the chief justice will continue to occur in January of odd-numbered years, at the

start of a 60-day legislative session.

CS/jp