0001| SENATE BILL 728 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RAYMOND L. KYSAR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO JUDICIAL DISTRICTS; CREATING THE FOURTEENTH | 0012| JUDICIAL DISTRICT; MODIFYING THE ELEVENTH JUDICIAL DISTRICT; | 0013| PROVIDING FOR TRANSFER OF JUDGES, DISTRICT ATTORNEYS, | 0014| PERSONNEL, APPROPRIATIONS, CONTRACTS AND OBLIGATIONS; MAKING AN | 0015| APPROPRIATION. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 34-6-1 NMSA 1978 (being Laws 1941, | 0019| Chapter 75, Section 1, as amended) is amended to read: | 0020| "34-6-1. JUDICIAL DISTRICTS.--The state shall be divided | 0021| into judicial districts as follows: | 0022| A. first judicial district, the counties of Santa | 0023| Fe, Rio Arriba and Los Alamos; | 0024| B. second judicial district, the county of | 0025| Bernalillo; | 0001| C. third judicial district, the county of Dona Ana; | 0002| D. fourth judicial district, the counties of | 0003| Guadalupe, San Miguel and Mora; | 0004| E. fifth judicial district, the counties of Eddy, | 0005| Chaves and Lea; | 0006| F. sixth judicial district, the counties of Grant, | 0007| Luna and Hidalgo; | 0008| G. seventh judicial district, the counties of | 0009| Socorro, Torrance, Sierra and Catron; | 0010| H. eighth judicial district, the counties of Taos, | 0011| Colfax and Union; | 0012| I. ninth judicial district, the counties of Curry | 0013| and Roosevelt; | 0014| J. tenth judicial district, the counties of Quay, | 0015| DeBaca and Harding; | 0016| K. eleventh judicial district, the [counties of | 0017| McKinley and San Juan] county of McKinley; | 0018| L. twelfth judicial district, the counties of Otero | 0019| and Lincoln; [and] | 0020| M. thirteenth judicial district, the counties of | 0021| Cibola, Sandoval and Valencia; and | 0022| N. fourteenth judicial district, the county of San | 0023| Juan." | 0024| Section 2. Section 34-6-14 NMSA 1978 (being Laws 1968, | 0025| Chapter 69, Section 17, as amended by Laws 1995, Chapter 178, | 0001| Section 3 and also by Laws 1995, Chapter 179, Section 1) is | 0002| amended to read: | 0003| "34-6-14. JUDGES--ELEVENTH JUDICIAL DISTRICT.--There | 0004| shall be [six] two district judges in the eleventh judicial | 0005| district. [The judges of divisions one, three, four and six | 0006| shall reside and maintain their principal offices in San Juan | 0007| county. The judges of divisions two and five shall reside and | 0008| maintain their principal offices in McKinley county.]" | 0009| Section 3. A new Section 34-6-16.1 NMSA 1978 is enacted | 0010| to read: | 0011| "34-6-16.1. [NEW MATERIAL] JUDGES--FOURTEENTH JUDICIAL | 0012| DISTRICT.--There shall be four judges in the fourteenth | 0013| judicial district." | 0014| Section 4. TEMPORARY PROVISION--TRANSFER OF JUDGES, | 0015| DISTRICT ATTORNEYS, PERSONNEL, APPROPRIATIONS, CONTRACTS AND | 0016| OBLIGATIONS.--On the effective date of the provisions of this | 0017| act: | 0018| A. judges serving in eleventh judicial district | 0019| divisions one, three, four and six who reside in San Juan | 0020| county are transferred to divisions one, two, three and four | 0021| respectively, of the fourteenth judicial district, together | 0022| with all budgets, personnel, money, funds, appropriations, | 0023| accounts, furniture, equipment, office supplies and other | 0024| things of value and all contracts, debts, liabilities or other | 0025| obligations attributable to those divisions; | 0001| B. the district attorney serving in eleventh | 0002| judicial district division one, composed of San Juan county, is | 0003| transferred to the fourteenth judicial district and shall | 0004| retain all budgets, personnel, money, funds, appropriations, | 0005| accounts, furniture, equipment, office supplies and other | 0006| things of value and all contracts, debts, liabilities or other | 0007| obligations attributable to division one; and | 0008| C. the district attorney serving in eleventh | 0009| judicial district division two, composed of McKinley county, | 0010| shall become the sole district attorney for the eleventh | 0011| judicial district and shall retain all budgets, personnel, | 0012| money, funds, appropriations, accounts, furniture, equipment, | 0013| office supplies and other things of value and all contracts, | 0014| debts, liabilities or other obligations attributable to | 0015| division two. | 0016| Section 5. APPROPRIATION.--Seventy-five thousand dollars | 0017| ($75,000) is appropriated from the general fund to the | 0018| administrative office of the courts for expenditure in fiscal | 0019| year 1998 to pay for salary, benefits, office supplies, | 0020| materials and other costs associated with the creation of a | 0021| fourteenth judicial district. Any unexpended or unencumbered | 0022| balance remaining at the end of fiscal year 1998 shall revert | 0023| to the general fund. | 0024| Section 6. REPEAL.--Sections 36-1-8.2 and 36-1-8.3 NMSA | 0025| 1978 (being Laws 1981, Chapter 25, Sections 1 and 2, as | 0001| amended) are repealed. | 0002| Section 7. EFFECTIVE DATE.--The effective date of the | 0003| provisions of this act is July 1, 1997. | 0004|  | 0005| | 0006| | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| February 28, 1997 | 0013| | 0014| Mr. President: | 0015| | 0016| Your FINANCE COMMITTEE, to whom has been referred | 0017| | 0018| SENATE BILL 728 | 0019| | 0020| has had it under consideration and reports same with | 0021| recommendation that it DO NOT PASS, but that | 0022| | 0023| SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0024| SENATE BILL 728 | 0025| | 0001| DO PASS. | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Ben D. Altamirano, Chairman | 0008| | 0009| | 0010| Adopted_______________________ Not Adopted_______________________ | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| | 0014| Date ________________________ | 0015| | 0016| | 0017| The roll call vote was 6 For 0 Against | 0018| Yes: 6 | 0019| No: None | 0020| Excused: Aragon, Carraro, Eisenstadt, McKibben, Smith | 0021| Absent: None | 0022| | 0023| | 0024| S0728FC1 | 0025| SENATE FINANCE COMMITTEE SUBSTITUTE FOR | 0001| SENATE BILL 728 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO JUDICIAL DISTRICTS; CREATING THE FOURTEENTH | 0012| JUDICIAL DISTRICT; MODIFYING THE ELEVENTH JUDICIAL DISTRICT; | 0013| PROVIDING FOR TRANSFER OF JUDGES, DISTRICT ATTORNEYS, | 0014| PERSONNEL, APPROPRIATIONS, CONTRACTS AND OBLIGATIONS. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 34-6-1 NMSA 1978 (being Laws 1941, | 0018| Chapter 75, Section 1, as amended) is amended to read: | 0019| "34-6-1. JUDICIAL DISTRICTS.--Effective January 1, 2002, | 0020| the state shall be divided into judicial districts as follows: | 0021| A. first judicial district, the counties of Santa Fe, | 0022| Rio Arriba and Los Alamos; | 0023| B. second judicial district, the county of | 0024| Bernalillo; | 0025| C. third judicial district, the county of Dona Ana; | 0001| D. fourth judicial district, the counties of | 0002| Guadalupe, San Miguel and Mora; | 0003| E. fifth judicial district, the counties of Eddy, | 0004| Chaves and Lea; | 0005| F. sixth judicial district, the counties of Grant, | 0006| Luna and Hidalgo; | 0007| G. seventh judicial district, the counties of | 0008| Socorro, Torrance, Sierra and Catron; | 0009| H. eighth judicial district, the counties of Taos, | 0010| Colfax and Union; | 0011| I. ninth judicial district, the counties of Curry and | 0012| Roosevelt; | 0013| J. tenth judicial district, the counties of Quay, | 0014| DeBaca and Harding; | 0015| K. eleventh judicial district, the [counties of | 0016| McKinley and San Juan] county of McKinley; | 0017| L. twelfth judicial district, the counties of Otero | 0018| and Lincoln; [and] | 0019| M. thirteenth judicial district, the counties of | 0020| Cibola, Sandoval and Valencia; and | 0021| N. fourteenth judicial district, the county of San | 0022| Juan." | 0023| Section 2. Section 34-6-14 NMSA 1978 (being Laws 1968, | 0024| Chapter 69, Section 17, as amended by Laws 1995, Chapter 178, | 0025| Section 3 and also by Laws 1995, Chapter 179, Section 1) is | 0001| amended to read: | 0002| "34-6-14. JUDGES--ELEVENTH JUDICIAL DISTRICT. Effective | 0003| January 1, 2002, there shall be [six] two district judges | 0004| in the eleventh judicial district. [The judges of divisions | 0005| one, three, four and six shall reside and maintain their | 0006| principal offices in San Juan county. The judges of divisions two | 0007| and five shall reside and maintain their principal offices in | 0008| McKinley county.]" | 0009| Section 3. A new Section 34-6-16.1 NMSA 1978 is enacted to | 0010| read: | 0011| "34-6-16.1. [NEW MATERIAL] JUDGES--FOURTEENTH JUDICIAL | 0012| DISTRICT.--Effective January 1, 2002, there shall be four judges | 0013| in the fourteenth judicial district." | 0014| Section 4. TEMPORARY PROVISION--TRANSFER OF JUDGES, DISTRICT | 0015| ATTORNEYS, PERSONNEL, APPROPRIATIONS, CONTRACTS AND OBLIGATIONS.-- | 0016| Effective January 1, 2002: | 0017| A. judges serving in eleventh judicial district | 0018| divisions one, three, four and six who reside in San Juan county | 0019| are transferred to divisions one, two, three and four | 0020| respectively, of the fourteenth judicial district, together with | 0021| all budgets, personnel, money, funds, appropriations, accounts, | 0022| furniture, equipment, office supplies and other things of value | 0023| and all contracts, debts, liabilities or other obligations | 0024| attributable to those divisions; | 0025| B. the district attorney serving in eleventh judicial | 0001| district division one, composed of San Juan county, is transferred | 0002| to the fourteenth judicial district and shall retain all budgets, | 0003| personnel, money, funds, appropriations, accounts, furniture, | 0004| equipment, office supplies and other things of value and all | 0005| contracts, debts, liabilities or other obligations attributable to | 0006| division one; and | 0007| C. the district attorney serving in eleventh judicial | 0008| district division two, composed of McKinley county, shall become | 0009| the sole district attorney for the eleventh judicial district and | 0010| shall retain all budgets, personnel, money, funds, appropriations, | 0011| accounts, furniture, equipment, office supplies and other things | 0012| of value and all contracts, debts, liabilities or other | 0013| obligations attributable to division two. | 0014| Section 5. TEMPORARY PROVISION--JUDICIAL ELECTIONS.-- | 0015| A. Candidates running for the position of district | 0016| judge from divisions one, three, four and six of the eleventh | 0017| judicial district shall reside in and be elected by the qualified | 0018| electors of San Juan county at the general election held in 2001. | 0019| B. Candidates running for the position of district judge | 0020| from divisions two and five of the eleventh judicial district | 0021| shall reside in and be elected by the qualified electors of | 0022| McKinley county at the general election held in 2001. | 0023| Section 6. REPEAL.--Effective January 1, 2002, Sections | 0024| 36-1-8.2 and 36-1-8.3 NMSA 1978 (being Laws 1981, Chapter 25, | 0025| Sections 1 and 2, as amended) are repealed. | 0001|  |