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

SPONSOR Kernan

ORIGINAL DATE

LAST UPDATED

1/26/08

HB

SHORT TITLE

5

th

District Staff Attorneys

SB 278

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$0

$204.5

Recurring

General Fund

$8.4 Non-Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates,

$105 thousand in HB 2.

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY08

FY09

FY10 3 Year

Total

Cost

Recurring

or Non-

Rec

Fund

Affected

Total

Indeterminable

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 278 appropriates $212,900.00 from the General Fund to the Fifth Judicial District

Court in FY 2009 to hire two new staff attorneys and to reclassify the current law clerk position

as a staff attorney position. Any unexpended or unencumbered balance remaining at the end of

FY09 would revert to the General Fund.

Senate Bill 278 – Page

2

FISCAL IMPLICATIONS

The bill contains sufficient funding for these positions. Total recurring costs would be $204,500

for salaries and benefits for the two new positions and one upgraded position. Start-up costs of

$8,400 would be non-recurring, for a total appropriation of $212,900.

The initial cost of the program of $212,900.00

in fiscal year 2009 is subject to increased costs

resulting from any increases in salaries and the costs of benefits for the three FTEs.

SIGNIFICANT ISSUES

The 5

th

Judicial District currently has 10 sitting judges, four in Chaves County and three each in

Eddy and Lea counties, located approximately 100 miles from one another. The District is

currently authorized only one law clerk to assist these 10 judges.

Staff attorneys and law clerks serve the court by reviewing cases on appeal; performing legal

research and analysis; examining briefs, records and legal authorities cited; drafting opinions,

orders and decisions for the judges’ review and final approval; and providing updated

information on recent decisions, opinions and changes to rules and statutes to ensure compliance

with current law. This array of duties is extremely difficult for a single individual to perform

efficiently and effectively, often forcing the judges themselves to carry out the functions, which

may cause delay instead of expediting access to justice in the region.

The ratio of one staff attorney and/or law clerk to ten judges (1 to 10) in the 5

th

Judicial District

is the highest of any judicial district in the State. Only the 2

nd

Judicial District (Bernalillo

County/ Albuquerque) has more judges (26); six staff attorneys assist them, a ratio of 1 to 4.3. A

more comparable district might be the 11

th

Judicial District (San Juan and McKinley counties),

where eight judges are assisted by one full-time staff attorney, a ratio of 1 to 8.

Placing a full-time staff attorney in each county in the 5

th

Judicial District will assist the Chief

Judge, other judges, court administrator, division supervisors, and various court committees – a

District-wide total of 81 employees in the three separate physical locations – with updated

information, legal advice and opinions.

PERFORMANCE IMPLICATIONS

The district courts are participating in performance-based budgeting. The staff attorney

expansion in the 5

th

Judicial District should improve the approved output performance measures

of the courts.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The HAFC draft of HB 2 includes $105 thousand for 1 FTE staff attorney for the 5

th

Judicial

District.

To avoid excess funds SB 278 should reduce the appropriation by $105 thousand and 1 FTE.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status quo.

CS/bb