NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Park

 

DATE TYPED:

02/27/03

 

HB

858

 

SHORT TITLE:

Increase Magistrate Qualifications

 

SB

 

 

 

ANALYST:

Hayes

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

 

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to

 

SOURCES OF INFORMATION

 

Response Received From

Administrative Office of the Courts (AOC)

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 858 amends Section 35-2-1 NMSA 1978 regarding magistrate judges so that no person is eligible for election or appointment to the office of magistrate unless he has graduated from a four-year post-secondary educational institution.

 

HB 858 also contains a “grandfather clause” which clarifies that magistrate qualifications required by this legislation will not apply to magistrates holding office on January 1, 2003.

 

     Significant Issues

 

  1. Currently, the only qualifications for magistrate judges are: a) to reside in the magistrate district for which he is elected or appointed, and b) to graduate from high school or obtain a GED issued by the state’s Department of Public Education.

 

  1. In magistrate districts with a population of 200,000+ (pursuant to the last federal decennial census), a person elected or appointed to the office of magistrate must be a member of the State Bar and be licensed to practice law in New Mexico, in addition to being a resident of the magistrate district.

 

  1. The AOC’s Magistrate Court Director (a licensed attorney) responded to LFC’s inquiry for information by stating that: “The bill raises the question of whether qualifications for the office of magistrate should be increased.”  AOC expressed no opinion nor provided any other insight about raising the qualifications of magistrates.

 

  1. Listed below are issues that the committee may want to consider when reviewing this bill:

 

a)      Requiring judges to have a college degree may increase public confidence in the judge and the judicial process.

 

b)      Requiring judges to have a college degree may create a better sense of parity between a magistrate’s salary ($58,000) and his/her education level.

 

c)      Requiring judges to have a college degree may result in a magistrate possessing better writing skills, analytical skills, research skills and decision-making abilities.

 

 

5.  There does not seem to be a correlation between educational attainment level and complaints against judges.  According to the 2002 Annual Report compiled by the Judicial Standards Commission (JSC), approximately 30 percent of verified complaints are against magistrates; 40 percent are against district court judges (degreed lawyers).  Here is the specific breakdown of judges reviewed, by court, pursuant to verified complaints investigated by the JSC:

 

                                    Supreme Court                         0.0%

                                    Court of Appeals                                  0.0%

                                    District Courts                                      39.6%

                                    Metropolitan Court                               11.9%

                                    Magistrate Courts                                 29.7%

                                    Municipal Courts                                  18.8%

                                    Probate Courts                                     0.0%              

 

ADMINISTRATIVE IMPLICATIONS

 

According to the Secretary of State’s office, they confirm residency requirements of candidates running for office and confirm party affiliation (if application).  However, if educational requirements are changed for magistrate judges as proposed in this bill, the Secretary of State does not confirm the candidates’ background qualifications.  A spokesperson for the Secretary of State’s office said that AOC would be charged with that responsibility.

 

RELATIONSHIP

 

SB 143 is considered the “judgeship bill” and requests new judgeships in district, metropolitan and magistrate courts based on the judiciary’s Weighted Caseload Study.  The bill requests three additional judgeships for magistrate courts effective July 1, 2003 who would be affected by the provisions of this legislation if enacted.

 

POSSIBLE QUESTIONS

 

  1. Are there other states that do not require their judges to have a college degree or some sort of higher education in order to hold office?

 

  1. Bernalillo County has a population of more than 200,000; therefore, it is the only county with a “metropolitan” court instead of a “magistrate” court solely due to population.  The jurisdictions of both courts are virtually the same.  Why then are judges at the Bernalillo County Metropolitan Court required to be licensed attorneys, but those in magistrate courts are not?

 

CMH/njw