44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO COURTS; PROVIDING FOR ADDITIONAL MAGISTRATES IN DONA ANA AND SIERRA COUNTIES; PROVIDING FOR APPOINTMENT AND ELECTION; AMENDING SECTIONS OF THE NMSA 1978; MAKING APPROPRIATIONS.

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

Section 1. Section 35-1-10 NMSA 1978 (being Laws 1968, Chapter 62, Section 12, as amended) is amended to read:

"35-1-10. MAGISTRATE COURT--DONA ANA DISTRICT.--There shall be [three] five magistrates in Dona Ana magistrate district, with divisions 1, 2, [and] 3, 4 and 5 operating as a single court in Las Cruces. The magistrates shall rotate riding circuit to Anthony and Hatch on a regularly scheduled basis."

Section 2. Section 35-1-30 NMSA 1978 (being Laws 1968, Chapter 62, Section 32) is amended to read:

"35-1-30. MAGISTRATE COURT--SIERRA DISTRICT.--There shall be [one magistrate] two magistrates in Sierra magistrate district, with [a] divisions 1 and 2 operating as a single court in Truth or Consequences."

Section 3. TEMPORARY PROVISION--DONA ANA COUNTY--APPOINTMENT AND ELECTION--DIVISIONS 4 AND 5.--

A. The office of magistrate in Dona Ana magistrate divisions 4 and 5 shall be filled by appointment by the governor. The appointed magistrates shall begin serving on July 1, 1999 and shall serve until succeeded by magistrates elected pursuant to Subsection B of this section.

B. The first full term of the office of magistrate in Dona Ana magistrate divisions 4 and 5 shall be filled by election at the general election in 2000, and those terms of office shall begin on January 1, 2001.

Section 4. TEMPORARY PROVISION--SIERRA COUNTY--APPOINTMENT AND ELECTION--DIVISION 2.--

A. The office of magistrate in Sierra magistrate division 2 shall be filled by appointment by the governor. The appointed magistrate shall begin serving on July 1, 1999 and shall serve until succeeded by a magistrate elected pursuant to Subsection B of this section.

B. The first full term of the office of magistrate in Sierra magistrate division 2 shall be filled by election at the general election in 2000, and that term of office shall begin on January 1, 2001.

Section 5. APPROPRIATIONS.--

A. The following amounts are appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2000 for the following purposes:

(1) one hundred fifty thousand dollars ($150,000) for salaries, benefits, travel, furniture, supplies and office costs for two new magistrate judges in Dona Ana magistrate district divisions 4 and 5; and

(2) seventy-five thousand dollars ($75,000) for salaries, benefits, travel, furniture, supplies and office costs for one new magistrate judge in Sierra magistrate district division 2.

B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 shall revert to the general fund.

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.