HOUSE BILL 812
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Henry 'Kiki' Saavedra
FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE
AN ACT
RELATING TO COURTS; CREATING ADDITIONAL JUDGESHIPS IN THE FIRST, SECOND, THIRD, EIGHTH AND THIRTEENTH JUDICIAL DISTRICTS; CREATING AN ADDITIONAL BERNALILLO METROPOLITAN COURT JUDGESHIP; CREATING AN ADDITIONAL MAGISTRATE IN THE DONA ANA MAGISTRATE DISTRICT; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 34-6-4 NMSA 1978 (being Laws 1968, Chapter 69, Section 7, as amended) is amended to read:
"34-6-4. JUDGES--FIRST JUDICIAL DISTRICT.--There shall be [seven] eight district judges in the first judicial district."
Section 2. Section 34-6-5 NMSA 1978 (being Laws 1968, Chapter 69, Section 8, as amended) is amended to read:
"34-6-5. JUDGES--SECOND JUDICIAL DISTRICT.--There shall be [twenty-six] twenty-seven district judges in the second judicial district."
Section 3. Section 34-6-6 NMSA 1978 (being Laws 1968, Chapter 69, Section 9, as amended) is amended to read:
"34-6-6. JUDGES--THIRD JUDICIAL DISTRICT.--There shall be [eight] nine district judges in the third judicial district."
Section 4. Section 34-6-11 NMSA 1978 (being Laws 1968, Chapter 69, Section 14, as amended) is amended to read:
"34-6-11. JUDGES--EIGHTH JUDICIAL DISTRICT.--There shall be [two] three district judges in the eighth judicial district [serving divisions one and two]. One of the judges shall maintain [his] the judge's principal office in Colfax or Union county and the other [judge] two judges shall maintain [his] their principal [office] offices in Taos county. The chief judge of the eighth judicial district shall be selected by a majority of the district judges in that district. In the event of a tie, the senior judge shall be the chief judge."
Section 5. Section 34-6-16 NMSA 1978 (being Laws 1971, Chapter 52, Section 3, as amended) is amended to read:
"34-6-16. JUDGES--THIRTEENTH JUDICIAL DISTRICT.--There shall be [seven] eight district judges in the thirteenth judicial district. The judges of divisions one, three and six shall reside and maintain their principal offices in Valencia county. The judges of divisions two, five and seven shall reside and maintain their principal offices in Sandoval county. The [judge] judges of [division] divisions four and eight shall reside and maintain [the judge's] their principal offices in Cibola county."
Section 6. Section 34-8A-8 NMSA 1978 (being Laws 1979, Chapter 346, Section 8, as amended) is amended to read:
"34-8A-8. METROPOLITAN COURT--BERNALILLO DISTRICT.--
A. The name of the metropolitan court in the Bernalillo metropolitan district shall be the "Bernalillo county metropolitan court".
B. The metropolitan court is an agency of the judicial department of state government. Personnel of the metropolitan court are subject to all laws and regulations applicable to state officers and agencies and state officers and employees, except where otherwise specifically provided by law.
C. There shall be [nineteen] twenty judges of the Bernalillo county metropolitan court."
Section 7. 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.--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."
Section 8. TEMPORARY PROVISION--DISTRICT AND METROPOLITAN JUDGES--APPOINTMENTS.--The additional district and metropolitan judgeships provided for in this 2009 act shall be filled by appointment by the governor pursuant to the provisions of Article 6 of the constitution of New Mexico.
Section 9. TEMPORARY PROVISION--MAGISTRATE COURTS--
APPOINTMENTS AND ELECTIONS.--The office of magistrate in Dona Ana district, division 6 shall be filled by appointment by the governor. The appointed magistrate shall begin serving on July 1, 2009 and shall serve until succeeded by a 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 10. APPROPRIATIONS.--
A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2010 for the following purposes:
(1) four hundred twenty-three thousand eighty-seven dollars ($423,087) to the first judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(2) four hundred twenty-three thousand eighty-seven dollars ($423,087) to the second judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(3) four hundred twenty-three thousand eighty-seven dollars ($423,087) to the third judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(4) four hundred twenty-three thousand eighty-seven dollars ($423,087) to the eighth judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(5) four hundred twenty-three thousand eighty-seven dollars ($423,087) to the thirteenth judicial district for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;
(6) four hundred one thousand two hundred eight dollars ($401,208) to the Bernalillo county metropolitan court for salaries and benefits and furniture, supplies and equipment for one additional judge and support staff; and
(7) one hundred eighty-four thousand seven hundred ten dollars ($184,710) to the administrative office of the courts for salary and benefits and furniture, supplies and equipment for one additional magistrate judge in the Dona Ana magistrate district.
B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2010 shall revert to the general fund.
Section 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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