HOUSE JOINT MEMORIAL 38

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Kathy A. McCoy

A JOINT MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS TO CONDUCT A STUDY ON THE NEED OF CLASS A COUNTIES TO HAVE A SPECIAL JUDGE OR A SPECIAL MASTER TO HEAR CODE ENFORCEMENT CASES.

     WHEREAS, every year, Bernalillo county presents approximately three hundred cases to the district and metropolitan courts relating to alleged violations of codes, including the zoning, building, environmental health, animal control, fire marshal and public works codes; and

     WHEREAS, code violation cases are often docketed with other types of cases that may be viewed as having a higher priority, such as DWI, traffic violation and domestic violence cases; and

     WHEREAS, in 2009, Bernalillo county filed in metropolitan court several hundred zoning-related cases of which approximately one-half were continued for additional hearings; and

     WHEREAS, the number of code enforcement cases filed in Bernalillo county will continue to increase as code compliance becomes more of a priority for the community and enforcement efforts are increased; and

     WHEREAS, increased emphasis on county code enforcement will increase congestion in an already over-burdened court system; and

     WHEREAS, assigning code enforcement cases to an additional special division of the court system or to a special master outside the traditional court system may ameliorate court congestion resulting from increased enforcement efforts and provide enforcement staff with the support needed to enforce county codes effectively;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the administrative office of the courts be requested to conduct a study in the need for class A counties to have a special judge or special master to hear code enforcement cases; and

     BE IT FURTHER RESOLVED that the administrative office of the courts be requested to present the results of its study and any recommendations regarding the need for class A counties to have a special judge or special master to hear code enforcement cases to the appropriate interim legislative committee no later than October 1, 2010; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the administrative office of the courts and the chairs of the boards of county commissioners in all class A counties.

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