SENATE BILL 274
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Linda M. Lopez
AN ACT
RELATING TO INSURANCE; AMENDING A SECTION OF THE WORKERS' COMPENSATION ACT TO PROVIDE FOR QUALIFICATION OF APPOINTMENT OF WORKERS' COMPENSATION JUDGES AND FOR PROCESSING OF COMPLAINTS AGAINST THEM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 52-5-2 NMSA 1978 (being Laws 1986, Chapter 22, Section 28, as amended) is amended to read:
"52-5-2. DIRECTOR--APPOINTMENT--EMPLOYEES--WORKERS' COMPENSATION JUDGES.--
A. The workers' compensation administration shall be in the charge of a director, who shall be appointed by the governor for a term of five years with the consent of the senate. The appointed director shall serve and have the authority of that office during the period of time prior to final action by the senate confirming or rejecting the appointment. The appointment shall be made on the basis of administrative ability, education, training and experience relevant to the duties of the director. Upon the expiration of the term, the director shall continue to serve until the successor is appointed and qualified. Before entering upon the duties, the director shall subscribe to an oath to faithfully discharge the duties of the office. The director shall devote full time to the duties of the office.
B. [The director shall appoint necessary workers' compensation judges.] Workers' compensation judges shall not be subject to the provisions of the Personnel Act. [except as provided by Subsection C of this section. Workers' compensation judges shall be appointed for an initial term of one year and shall be compensated at a rate equal to ninety percent of that of district court judges. Ninety days prior to the expiration of a workers' compensation judge's term, the director shall review his performance. If approved by the director, the workers' compensation judge may be reappointed to a subsequent five-year term.
C. Workers' compensation judges shall be lawyers licensed to practice law in this state and shall have a minimum five years' experience as a practicing lawyer. They]
C. Workers' compensation judges shall be at least thirty-five years of age and in the actual practice of law for at least six years and a New Mexico resident for at least three years. The director shall appoint necessary workers' compensation judges in accordance with the following procedures:
(1) upon the occurrence of a judicial vacancy in the workers' compensation administration, the director shall notify the dean of the university of New Mexico school of law and the workers' compensation administration. The director shall publish a notice of the vacancy in the bar bulletin. The notice shall state that applications will be taken from all qualified applicants for a period of thirty days. The dean shall also form a nominating committee consisting of up to eight members selected as follows:
(a) four nonattorney members, two from business and two from labor selected by the advisory council on workers' compensation upon recommendation of the business and labor coalition of New Mexico;
(b) one attorney appointed by the New Mexico trial lawyers association and foundation who has practiced workers' compensation law for five years, who devotes at least one-half of the attorney's practice to workers' compensation matters and who generally represents employees in workers' compensation matters;
(c) one attorney appointed by the New Mexico defense lawyers association who has practiced workers' compensation law for five years, who devotes at least one-half of the attorney's practice to workers' compensation matters and who generally represents employers in workers' compensation matters;
(d) one member appointed at large by the state bar of New Mexico; and
(e) the dean of the university of New Mexico school of law or the dean's designee, who shall be chair of the committee but who shall vote only in the event of a tie among the other members;
(2) the dean shall appoint committee members, in the dean's discretion, if selections are not timely, pursuant to this section;
(3) the committee shall interview all qualified potential candidates and shall submit a list of recommended candidates that the committee deems qualified to the director. The director shall make an appointment from the list within thirty days. Should the director fail to make an appointment within thirty days, the chief judge of the workers' compensation administration shall make such appointment from the list provided by the committee; and
(4) appointments shall be for three-year terms.
D. The workers' compensation judges shall elect a chief judge who shall serve a term of three years. If the judges fail to elect a chief judge, the director shall appoint a chief judge. A chief judge, so elected or appointed, may stand for reelection at the expiration of the chief judge's term. The chief judge shall be responsible for the oversight of fellow judges and shall provide direction and counsel to fellow judges to improve the court decorum and the administration of justice at the workers' compensation administration. In the execution of duties, the chief judge shall take all appropriate action to ensure finalization of cases that have been under advisement for more than thirty days, including reassignment of cases or appointment of another judge or pro tempore to render a decision.
E. The salaries and retirement benefits of workers' compensation judges shall be ninety percent of those received by district court judges.
F. No later than the middle of each term, the director shall evaluate the performance of each workers' compensation judge substantially in accordance with the following procedures:
(1) a confidential evaluation questionnaire shall be submitted by the director to the following persons:
(a) attorneys practicing regularly before the workers' compensation administration;
(b) two members of the advisory council on workers' compensation;
(c) two members of the business and labor coalition of New Mexico; and
(d) parties appearing before the workers' compensation administration;
(2) the evaluation questionnaire shall contain an evaluation of the judge in the following categories:
(a) knowledge of workers' compensation law;
(b) timeliness of decisions;
(c) legal reasoning;
(d) demeanor; and
(e) communication skills; and
(3) the evaluation shall be made based on a five-point scale, five being the highest and zero being the lowest. The completed evaluations shall be strictly confidential and shall not be disclosed to the public, the judge or other members of the administration.
G. No later than six months prior to the end of each term, the New Mexico judicial performance evaluation commission shall evaluate the performance of each workers' compensation judge to determine whether the workers' compensation judge should be recommended for reappointment. The commission shall evaluate each workers' compensation judge substantially in accordance with the procedures set forth in Subsection F of this section. A compilation and report of the results shall be prepared by the commission and submitted to the director. The report shall include a recommendation by the commission as to whether the workers' compensation judge should be reappointed. The director shall act in accordance with the recommendation of the commission. The report, including the commission's recommendation, shall be released to the public.
H. Workers' compensation judges shall devote their entire time to their duties and shall not engage in the private practice of law and shall not hold any other position of trust or profit or engage in any occupation or business interfering with or inconsistent with the discharge of their duties as workers' compensation judges. A workers' compensation judge shall be required to conform to all canons of the code of judicial conduct as adopted by the supreme court [except canon 2l-900 of that code. Violation of those canons shall be exclusive grounds for dismissal prior to the expiration of his term]. Any complaints against a workers' compensation judge shall be filed with the [state personnel board, which shall report its findings to the director] New Mexico judicial standards commission. Workers' compensation judges shall be subject to the superintending control of the supreme court.
[D.] I. Workers' compensation judges shall have the same immunity from liability for their adjudicatory actions as district court judges."
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