SENATE BILL 447

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Cisco McSorley

AN ACT

RELATING TO DOMESTIC VIOLENCE; CREATING DOMESTIC VIOLENCE HEARING OFFICERS; PROVIDING POWERS AND DUTIES; ELIMINATING THE DOMESTIC VIOLENCE PILOT PROGRAM IN THE ELEVENTH JUDICIAL DISTRICT.

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

     Section 1. A new section of the Family Violence Protection Act is enacted to read:

     "[NEW MATERIAL] DOMESTIC VIOLENCE HEARING OFFICERS--APPOINTMENT--QUALIFICATIONS.--

          A. A domestic violence hearing officer shall be appointed by and serve at the pleasure of a majority of the judges of the judicial district to which the officer is assigned.

          B. A domestic violence hearing officer shall:

                (1) be an attorney licensed to practice law in New Mexico;

                (2) have a minimum of five years experience in the practice of law, with at least twenty percent of that practice having been in family law or domestic relations matters;

                (3) devote full time to the officer's duties pursuant to the Family Violence Protection Act and shall not engage in the private practice of law or in any employment, occupation or business that interferes with or is inconsistent with the discharge of the officer's duties; and

                (4) conform to Canons 21-100 through 21-500 and 21-700 of the Code of Judicial Conduct as adopted by the supreme court. Violation of any such canon shall be grounds for dismissal of any domestic violence hearing officer."

     Section 2. A new section of the Family Violence Protection Act is enacted to read:

     "[NEW MATERIAL] HEARING OFFICERS--POWERS--DUTIES.--

          A. A domestic violence hearing officer shall have the adjudicatory powers possessed by district courts under the Family Violence Protection Act and any other law allowing the enforcement and establishment of orders of protection.

          B. A domestic violence hearing officer shall have the power to:

                (1) preserve and enforce order during hearings;

                (2) administer oaths;

                (3) issue subpoenas to compel the attendance and testimony of witnesses, the production of books, papers, documents and other evidence or the taking of depositions before a designated individual competent to administer oaths;

                (4) examine witnesses; and

                (5) do all things conformable to law that may be necessary to enable the officer to discharge the duties of the office effectively.

          C. A domestic violence hearing officer shall perform tasks pursuant to the provisions of the Family Violence Protection Act, including:

                (1) reviewing petitions for indigency;

                (2) interviewing petitioners;

                (3) determining if petitioners' requests for temporary restraining orders should be granted;

                (4) conducting hearings on the merits of petitions; and

                (5) preparing recommendations to the district court regarding disposition of requests for orders of protection."

     Section 3. REPEAL.--Section 40-13-8 NMSA 1978 (being Laws 1992, Chapter 107, Section 1) is repealed.

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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