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AN ACT

RELATING TO COURTS; CREATING JUDGESHIPS IN THE FIRST AND

SECOND JUDICIAL DISTRICTS AND METROPOLITAN COURT;

ESTABLISHING A DRUG COURT IN THE SECOND JUDICIAL DISTRICT;

PROVIDING FOR ADDITIONAL ASSISTANT DISTRICT ATTORNEYS AND

PUBLIC DEFENDERS; AMENDING SECTIONS OF THE NMSA 1978; 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 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-three district judges in the second judicial

district."

Section 3. Section 34-8A-4.1 NMSA 1978 (being Laws

1981, Chapter 318, Section 2, as amended) is amended to read:

"34-8A-4.1. METROPOLITAN COURT JUDGES--TERMS OF

OFFICE--ELECTION.--

A. The elected term of office for each judge of

the metropolitan court is four years.

B. Judges of the metropolitan court who have been

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previously elected in a partisan election or who were serving

as metropolitan judges on January 1, 1989 in divisions one

through twelve shall be subject to retention or rejection on

a nonpartisan ballot at the 1990 general election for a four-

year term ending December 31, 1994.

C. Any person appointed to fill a vacancy on the

metropolitan court after January 1, 1989 shall serve until

the next general election. That person's successor shall be

chosen at that general election and shall hold the office

until the general election four years later.

D. Judges of the Bernalillo county metropolitan

court for divisions thirteen, fourteen and fifteen shall be

appointed and shall serve until the 1992 general election.

Their successors shall be chosen at that general election and

shall hold office until the general election four years

later. Additional judges shall be appointed and elected

pursuant to Article 6 of the constitution of New Mexico."

Section 4. 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

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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 eighteen judges of the

Bernalillo county metropolitan court."

Section 5. TEMPORARY PROVISION--DRUG COURT.--One of

the additional judges provided for the second judicial

district in this act shall preside over the operation of a

drug court.

Section 6. TEMPORARY PROVISION--APPOINTMENT.--The

additional district judgeships provided for in this act shall

be filled by appointment by the governor pursuant to Article

6 of the constitution of New Mexico for terms beginning July

1, 1997.

Section 7. APPROPRIATIONS.--

A. The following amounts are appropriated from

the general fund to the following entities for expenditure in

fiscal year 1998 for the specified purposes:

(1) two hundred ninety-seven thousand five

hundred seventy-seven dollars ($297,577) to pay the cost of

adding an additional judgeship in the first judicial

district, including salary and benefits, training and office

equipment, furnishings and supplies;

(2) four hundred ninety thousand nine

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hundred dollars ($490,900) to the second judicial district to

pay two district court judges' salaries and benefits, provide

support staff and purchase furniture and equipment for the

judgeships;

(3) six hundred twenty-one thousand dollars

($621,000) to the Bernalillo county metropolitan court for

the purpose of paying salaries and benefits and providing

furniture, equipment and supplies for three judges and

support staff;

(4) three hundred eighty-eight thousand

three hundred dollars ($388,300) to the district attorney's

office for the second judicial district to pay for salaries

and benefits for assistant district attorneys and support

staff; and

(5) five hundred sixty-six thousand dollars

($566,000) to the public defender department to pay for

salaries and benefits for public defenders and support staff.

B. Any unexpended or unencumbered balance

remaining at the end of fiscal year 1998 shall revert to the

general fund.

Section 8. APPROPRIATIONS.--

A. The following amounts are appropriated from the

general fund to the third judicial district for expenditure in

fiscal year 1998 for the specified purposes:

(1) one hundred twenty thousand dollars

($120,000) to pay court costs incurred as the result of the

stream and ground water adjudication of the lower Rio Grande

basin; and

(2) one hundred forty thousand dollars

($140,000) to pay salaries and benefits for two additional

full-time employees and to provide for contractual services.

B. Any unexpended or unencumbered balance

remaining at the end of fiscal year 1998 shall revert to the

general fund.

Section 9. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 1997.

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