SENATE BILL 618
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Richard C. Martinez
AN ACT
RELATING TO COURT FEES; REQUIRING COURTS TO WAIVE FEES WHEN THE INCOME OF A PARTY IS AT OR BELOW ONE HUNDRED FIFTY PERCENT OF FEDERAL POVERTY GUIDELINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 34-2-5 NMSA 1978 (being Laws 1933, Chapter 81, Section 1, as amended) is amended to read:
"34-2-5. FEES--COLLECTION BY SUPREME COURT CLERK.--
A. The clerk of the supreme court shall collect, [the following fees:
A.] in all cases docketed in the court, [except those in which statutory exemption exists and those in which the court on showing of poverty may, by order, waive the fee] a docket fee of one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and ninety-six dollars ($96.00) of which shall be deposited in the court facilities fund. [provided that] In cases in which a motion to docket and dismiss an appeal is filed for failure to file a statement of the issues, the fee shall be twenty dollars ($20.00), ten dollars ($10.00) of which shall be deposited in the court automation fund and ten dollars ($10.00) of which shall be deposited in the court facilities fund. The court shall, by order, waive the docket fee in cases in which a statutory exemption exists or in which the income of an appellant is at or below one hundred fifty percent of the federal poverty guidelines. The court may, by order, waive the docket fee in special circumstances upon a showing of inability to pay.
B. For one copy of files or a record, the clerk of the supreme court shall collect ten cents ($.10) per folio and for additional copies ordered at the same time five cents ($.05) per folio;
C. For comparing copies of files or records tendered [to him], the clerk of the supreme court shall collect five cents ($.05) per folio; and
D. For each certificate, the clerk of the supreme court shall collect one dollar ($1.00)."
Section 2. Section 34-6-27 NMSA 1978 (being Laws 1968, Chapter 69, Section 28) is amended to read:
"34-6-27. OPERATION--PROCESS.--
A. Process of the district courts in each judicial district shall be under witness of the district judge. Unless otherwise provided by rule of the district court in judicial districts having more than one district judge, process shall be under witness of the presiding judge.
B. The district court [may] shall grant free process to [any] a party in [any] a civil or criminal action or special statutory proceeding [upon a proper showing of indigency] as follows:
(1) in a civil action or statutory proceeding, the court shall order free process when the income of a petitioner is at or below one hundred fifty percent of the federal poverty guidelines or the court may order free process in special circumstances upon a showing of inability to pay; and
(2) in a criminal action, the court shall apply the standard for indigence pursuant to the Public Defender Act."
Section 3. Section 34-7-14 NMSA 1978 (being Laws 1923, Chapter 29, Section 1, as amended) is amended to read:
"34-7-14. FEES OF PROBATE COURT CLERKS.--
A. Clerks of the probate courts are entitled to receive the following docket fees in all matters:
[A.] (1) for docketing each cause, to be paid by the party docketing the cause, thirty dollars ($30.00), which shall include all costs of the clerks in any cause in the court; and
[B.] (2) a fee of fifteen cents ($.15) per folio in addition to the docket fee may be charged for any excess of twenty folios in cases where judgments or decrees or orders exceed twenty folios.
B. The provisions of Subsection A of this section shall not apply and no fees shall be collected from a party whose income is at or below one hundred fifty percent of the federal poverty guidelines. A probate judge may waive the fees in special circumstances upon a showing of inability to pay."
Section 4. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) is amended to read:
"35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
"CONVICTED".--
A. Magistrate judges, including metropolitan court judges, shall assess and collect and, except as provided in Subsection C of this section, shall not waive, defer or suspend the following costs:
docket fee, criminal actions under Section 29-5-1 NMSA 1978. . . . . . . . . . . . . . . . . . . . $ 1.00;
docket fee, to be collected prior to docketing any other
criminal action, except as provided in Subsection B
of Section 35-6-3 NMSA 1978. . . . . . . . 20.00.
Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund;
docket fee, ten dollars ($10.00) of which shall be
deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in thecivil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978. . .62.00;
jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made. . . . . . . . . . . . . . .25.00;
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . . . . .50.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and
copying fee, for computer-generated or electronically
transferred copies, per page. . . . . . . . . 1.00.
Proceeds from this copying fee shall be transferred
to the administrative office of the courts for
deposit in the court automation fund.
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
C. The magistrate or metropolitan court [may grant] shall, upon motion, order free process [to any] when the income of a party in [any] a civil proceeding or special statutory proceeding [upon a proper showing of indigency] is at or below one hundred fifty percent of the federal poverty guidelines. The court may order free process in special circumstances upon a showing of inability to pay. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.
D. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
(1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court . . . . . . .$10.00;
in a county without a metropolitan court. . . . . . 20.00;
(2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of
imprisonment. . . . . . . . . . . . . . . . . . . . . . .10.00;
(3) traffic safety fee, to be collected upon
conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . . . . . 3.00;
(4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of
imprisonment . . . . . . . . . . . . . . . . . . . . . . 2.00;
(5) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . 5.00;
and
(6) court facilities fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court. . . . . . . 24.00;
in any other county. . . . . . . . . . . . . . . . .10.00.
E. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."
Section 5. Section 39-3-12 NMSA 1978 (being Laws 1977, Chapter 163, Section 1) is amended to read:
"39-3-12. INDIGENT APPEALS--FREE PROCESS.--In [any] an appeal, the court [may] shall grant free process, including the cost of any necessary transcripts of record, to [any] an appellant, upon [a proper showing of indigency, unless the trial court certifies in writing that the appeal is not taken in good faith] motion, when the income of the appellant is at or below one hundred fifty percent of the federal poverty guidelines. The court may order free process in special circumstances upon a showing of inability to pay. Necessary costs, including costs of transcripts, shall be paid by the administrative office of the courts. [Any] Costs awarded to an indigent appellant shall be taxed in favor of the state. The provisions of this section do not apply if a trial court certifies in writing that the appeal is not taken in good faith."
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