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AN ACT

RELATING TO COURTS; CREATING ADDITIONAL JUDGESHIPS IN THE

SECOND, FOURTH AND SIXTH JUDICIAL DISTRICTS AND IN THE SAN

JUAN MAGISTRATE DISTRICT; MAKING APPROPRIATIONS.

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

Section 1. Section 34-6-5 NMSA 1978 (being Laws 1968,

Chapter 69, Section 8, as amended) is amended to read:

"34-6-5. JUDGES--SECOND JUDICIAL DISTRICT.--There shall

be twenty-six district judges in the second judicial

district."

Section 2. Section 34-6-7 NMSA 1978 (being Laws 1968,

Chapter 69, Section 10, as amended) is amended to read:

"34-6-7. JUDGES--FOURTH JUDICIAL DISTRICT.--There shall

be three district judges in the fourth judicial district."

Section 3. Section 34-6-9 NMSA 1978 (being Laws 1968,

Chapter 69, Section 12, as amended) is amended to read:

"34-6-9. JUDGES--SIXTH JUDICIAL DISTRICT.--There shall

be four district judges in the sixth judicial district. The

judge of division 1 shall reside and maintain the judge's

principal office in Grant county. The judge of division 4

shall reside and maintain the judge's principal office in Luna

county."

Section 4. Section 35-1-27 NMSA 1978 (being Laws 1968,

Chapter 62, Section 29, as amended) is amended to read:

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"35-l-27. MAGISTRATE COURT--SAN JUAN DISTRICT ELECTION

DIVISION PRECINCTS.--

A. There shall be six magistrate divisions in San

Juan magistrate district, each division having its own

magistrate. Divisions 1, 4 and 6 shall operate as a single

court in Aztec and divisions 2, 3 and 5 shall operate as a

single court in Farmington.

B. Magistrate judges shall not be elected at large

from the district, but shall be elected by the voters of the

division for which the magistrate sits. Magistrate judges may

reside anywhere within the magistrate district and shall have

district-wide jurisdiction. The composition of the divisions

for elections purposes is:

(1) division 1 is composed of San Juan

county precincts 41, 46, 47, 60 through 67, 69 and 72;

(2) division 2 is composed of San Juan

county precincts 1 through 4, 8 through 14, 19 and 82;

(3) division 3 is composed of San Juan

county precincts 20, 22 through 25, 27, 28, 30, 40, 42 through

44 and 49;

(4) division 4 is composed of San Juan

county precincts 5 through 7, 15, 16, 53, 57, 71, 79, 81 and

83 through 86;

(5) division 5 is composed of San Juan

county precincts 18, 21, 26, 29, 31, 45, 51, 52 and 54 and

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(6) division 6 is composed of San Juan

county precincts 55, 56, 58, 59, 68, 70 and 73 through 76."

Section 5. TEMPORARY PROVISION--DISTRICT JUDGES--

APPOINTMENTS.--The additional district judgeships provided for

in this act shall be filled by appointment by the governor

pursuant to the provisions of Article 6 of the constitution of

New Mexico.

Section 6. TEMPORARY PROVISION--MAGISTRATE COURT--

APPOINTMENT AND ELECTION.--The office of magistrate in San

Juan division 6 shall be filled by appointment by the governor

to begin serving on July 1, 2007. The appointed magistrate

shall serve until succeeded by a magistrate elected at the

general election in 2008. The first full term of office of

the elected magistrate shall begin on January 1, 2009.

Section 7. APPROPRIATIONS.--

A. The following amounts are appropriated from the

general fund to the following agencies for expenditure in

fiscal year 2008 for the following purposes:

(1) six hundred sixty-two thousand four

hundred seventy-eight dollars ($662,478) to the second

judicial district court for salaries and benefits and

furniture, supplies and equipment for two additional district

judges and support staff;

(2) one hundred eighty-one thousand seven

hundred dollars ($181,700) to the fourth judicial district

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court for salaries and benefits and furniture, supplies and

equipment for one additional district judge and support staff;

(3) three hundred thirty-one thousand two

hundred thirty-nine dollars ($331,239) to the sixth judicial

district court for salaries and benefits and furniture,

supplies and equipment for one additional district judge and

support staff; and

(4) one hundred twelve thousand six hundred

fifty-four dollars ($112,654) to the administrative office of

the courts for salary and benefits and furniture, supplies and

equipment for one additional magistrate judge in the San Juan

magistrate district.

B. Any unexpended or unencumbered balance

remaining at the end of fiscal year 2008 shall revert to the

general fund.

Section 8. APPROPRIATIONS.--

A. The following amounts are appropriated from the

general fund to the following entities for expenditure in

fiscal year 2008 for the following purposes:

(1) two hundred eighty-two thousand dollars

($282,000) to the second judicial district attorney to provide

salaries and benefits, furniture, supplies and equipment for

additional staff due to an increased district court workload;

(2) one hundred seventy-five thousand five

hundred dollars ($175,500) to the public defender department

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to provide salaries and benefits, furniture, supplies and

equipment for additional staff due to an increased workload in

the second judicial district and for contractual services in

that district;

(3) one hundred forty-one thousand one

hundred dollars ($141,100) to the fourth judicial district

attorney to provide salaries and benefits, furniture, supplies

and equipment for additional staff due to an increased

district court workload;

(4) fifty thousand dollars ($50,000) to the

public defender department for contractual services due to an

increased workload in the fourth judicial district;

(5) one hundred forty-one thousand one

hundred dollars ($141,100) to the sixth judicial district

attorney to provide salaries and benefits, furniture, supplies

and equipment for additional staff due to an increased

district court workload;

(6) seventy-five thousand dollars ($75,000)

to the public defender department for contractual services due

to an increased workload in the sixth judicial district;

(7) one hundred thousand dollars ($100,000)

to the eleventh judicial district attorney to provide salaries

and benefits, furniture, supplies and equipment for additional

staff due to an increased workload in the San Juan county

magistrate court; and

(8) one hundred eight thousand dollars

($108,000) to the public defender department to provide

salaries and benefits, furniture, supplies and equipment for

additional staff due to an increased workload in the San Juan

county magistrate court and for contractual services to

address the increased workload in that court.

B. Any unexpended or unencumbered balance

remaining at the end of fiscal year 2008 shall revert to the

general fund.

Section 9. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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