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:

Rawson

 

DATE TYPED:

02/03/03

 

HB

 

 

SHORT TITLE:

Increase Dona Ana Magistrate Court

 

SB

60

 

 

ANALYST:

Hayes

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

$545.8

 

 

Recurring

General Fund

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Relates to SB39 and SB143

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the Courts (AOC)

Public Defender Department (PDD)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 60 amends Section 35-1-10 NMSA 1978 to increase the number of magistrate judges in the Dona Ana magistrate court district from five to six.  The bill also appropriates $381.8 to the Administrative Office of the Courts for salaries and benefits, furniture, supplies and equipment for the additional magistrate judge and for six additional court employees.  Other appropriations outlined in SB60 totaling $163.9 provide for additional resources for the district attorneys and public defenders in the Dona Ana magistrate court district.

 

The office of the magistrate would be filled by appointment by the governor to begin serving on July 1, 2003.  The appointed magistrate will serve until succeeded by the magistrate elected at the general election in 2004 to fill the unexpired term ending December 31, 2006. 

 

The first full term of office of the magistrate in Dona Ana Division 6 will be filled by election at the general election held in 2006 and that term of office will begin on January 1, 2007.

 

The effective date of the provisions of HB230 is July 1, 2003.

 

     Significant Issues

 

  1. In 1998, the AOC completed an updated and expanded study to provide the Legislature with a methodology for determining the needs for additional judgeships, the Weighted Caseload Study.  The study assigns a weight for each type of case.  The weight, expressed in minutes, represents the average amount of judge’s time necessary to process a case of that type.  Each weight is then multiplied by the number of new cases filed per category.  Although some judges question this methodology, it is the accepted formula of the Chief Judges Council in determining judgeship needs.

 

  1. The Chief Judges Council reviewed the Weighted Caseload Study and voted to support the one additional magistrate judge requested for the Dona Ana magistrate court district as highlighted in the Judiciary Unified Budget.  In regards to court staff, the Judiciary Unified Budget only recommended five new positions.

 

  1. The district attorney’s and public defender’s offices were notified of the new magistrate requested so that they had an opportunity to assess and report their respective impacts. 

 

FISCAL IMPLICATIONS

 

The appropriation of $545.8 contained in this bill is a recurring* expense to the general fund.  Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

 

*Part of the appropriations to the Dona Ana magistrate court, district attorney and public defender is specifically for furniture and equipment.  These are considered capital items (defined by DFA as purchases over $1,500) and are a one-time expense.  Therefore, a portion of this appropriation must be designated as non-recurring.

 

Here is a table delineating the appropriation amount to each agency noted in the bill:

 

 

DONA ANA MAGISTRATE DISTRICT APPROPRIATIONS

 

AGENY:

Appropriation to        Court

Appropriation to District Attorney

Appropriation to Public Defender

TOTAL

AMOUNT:

$381,866

$75,925

$88,020

$545,811

 

 

RELATIONSHIP

 

SB39 proposes a new judgeship for the Third Judicial District Court  (in Dona Ana County) along with supplemental funding for the offices of the district attorney and public defender.

 

SB143, the “judgeship bill,” provides for one additional magistrate judge at the Santa Fe magistrate court.  The appropriation amount for the judge, supplies, furniture and equipment is $99,380.  It does not contain the additional staffing.  There are also appropriations in SB143 in each of the respective offices for the district attorneys and public defenders affected by the proposed magistrate expansion. 

 

POSSIBLE QUESTIONS

 

  1. Why is a separate bill being presented for a new magistrate in the Dona Ana magistrate district?  Typically, all new judges are requested together in the « judgeship bill » pursuant to the Judiciary Unified Budget.

 

  1. What is the current caseload per magistrate at the Dona Ana magistrate court?  Is caseload increasing, decreasing or flat in this district ?  In what areas of law do you see the greatest growth in caseload?

 

  1. If funding is provided pursuant to this legislation, does the magistrate courthouse have sufficient space for the additional personnel?  What is the status of the courthouse’s current lease ?

 

CMH/yr