SENATE BILL 166

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Linda M. Lopez

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COURTS; CREATING THE APPELLATE TRANSCRIPTION FUND TO PAY THE COSTS OF APPELLATE TRANSCRIPTS IN ABUSE AND NEGLECT PROCEEDINGS AND INDIGENT CRIMINAL APPEALS; INCREASING DOCKET FEES IN THE SUPREME COURT AND COURT OF APPEALS; MAKING AN APPROPRIATION.

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

     SECTION 1. A new section of Chapter 34 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] APPELLATE TRANSCRIPTION FUND--PURPOSE--ADMINISTRATION.--

          A. The "appellate transcription fund" is created in the state treasury to be administered by the court of appeals. The fund consists of docket fees paid in the supreme court and the court of appeals as provided in Sections 34-2-5 and 34-5-6 NMSA 1978.

          B. Money in the appellate transcription fund is appropriated to the court of appeals for payment of costs associated with producing and administering transcripts and appeals in indigent criminal cases and in cases arising from abuse and neglect proceedings that are appealed to the court of appeals or to the supreme court.

          C. Payments from the appellate transcription fund shall be made upon vouchers issued and signed by the chief clerk of the court of appeals upon warrants drawn by the secretary of finance and administration.

          D. Any balance remaining in the appellate transcription fund at the end of a fiscal year shall not revert to the general fund."

     SECTION 2. Section 34-2-5 NMSA 1978 (being Laws 1933, Chapter 81, Section 1, as amended) is amended to read:

     "34-2-5. FEES--COLLECTION BY SUPREME COURT CLERK.--

          A. The clerk of the supreme court shall collect the following fees:

                [A.] (1) in all cases docketed in the court, [except those in which statutory exemption exists and those in which the court on showing of poverty may, by order, waive the fee, one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and ninety-six dollars ($96.00) of which shall be deposited in the court facilities] two hundred twenty-five dollars ($225), two hundred twenty-one dollars ($221) of which shall be deposited in the appellate transcription fund; provided that in cases in which a motion to docket and dismiss an appeal is filed for failure to file a statement of the issues, the fee shall be twenty dollars ($20.00), [ten dollars ($10.00) of which shall be deposited in the court automation fund and ten dollars ($10.00) of which shall be deposited in the court facilities] which shall be deposited in the appellate transcription fund;

                [B.] (2) for one copy of files or a record, ten cents ($.10) per folio and for additional copies ordered at the same time, five cents ($.05) per folio;

                [C.] (3) for comparing copies of files or records tendered to [him] the clerk, five cents ($.05) per folio; and

                [D.] (4) for each certificate, one dollar ($1.00).

          B. Docket fees shall not be collected in proceedings in forma pauperis, from state officers acting in their official capacity, where a statutory exemption exists or where the court, on a showing of poverty, waives the fee by order."

     SECTION 3. Section 34-5-6 NMSA 1978 (being Laws 1966, Chapter 28, Section 6, as amended) is amended to read:

     "34-5-6. COURT OF APPEALS--FEES AND COSTS.--

          A. The clerk of the court of appeals shall collect the following fees:

     docket fee, [twenty-five dollars ($25.00) of

which shall be deposited in the court

         automation fund and one hundred dollars

         ($100) of] which shall be deposited in

         the [court facilities] appellate transcription

fund. . . . . . . . . . . . . . . . [$125.00] $225.00

     docket fee for cases in which a

         motion to docket and dismiss the

         appeal is filed for failure to file a

         docketing statement, [ten dollars ($10.00)

         of which shall be deposited in the court

         automation fund and ten dollars ($10.00) of]

which shall be deposited in the [court facilities] appellate transcription fund. . . . . . . . . . 20.00

     single copy of records, per typewritten folio . . . .10

     each additional copy of records ordered at

         same time, per typewritten folio. . . . . . . . . ..05

     copies of records reproduced by photographic

          process, per page. . . . . . . . . . . . . . . . .10

     comparing copies of records tendered to [him] the clerk,

          per folio. . . . . . . . . . . . . . . . . . . . .05

     each certificate. . . . . . . . . . . . . . . . . . .1.00.

          B. No fees or costs shall be required in proceedings in forma pauperis, from state officers acting in their official capacity or in any other case where a statutory exemption exists.

          C. Except as otherwise specifically provided by law, the clerk of the court of appeals shall pay all fees and costs to the state treasurer for credit to the state general fund."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

- 5 -