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committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are 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

ORIGINAL DATE

LAST UPDATED

1/28/07

2/23/07 HB

489/aHAFC

SHORT TITLE

Chief Judge Salary Formula Changes

SB

ANALYST

C.Sanchez

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$71.3

$71.3

$142.6

N/A General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HB 490, Judge and Hearing Officer Salaries, and HB 488, Metro and Magistrate Judge

Salary Formula.

Relates to: HB488, HB490

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of HAFC Amendment

The House Appropriation and Finance Committee amendment strikes the appropriation.

Synopsis of Original Bill

House Bill 489 amends Section 34-1-9 NMSA 1978 to increase the annual salaries of the chief

justice of the supreme court, the chief judge of the court of appeals, the chief judge of a district

court, the chief judge of a metropolitan court and the presiding magistrate in a magistrate court

consisting of three or more magistrates by five percent more than the annual salaries of the other

justices, judges or magistrates in their respective courts.

The salary increases will be effective the first full pay period after July 1, 2007.

This bill appropriates $71,261 from the general fund to the administrative office of the courts to

provide for the salary differential of chief judges. Any unexpended or unencumbered balance

remaining at the end of FY 08 shall revert to the general fund.

House Bill 489

/aHAFC

– Page

2

FISCAL IMPLICATIONS

This bill appropriates recurring funds in the amount of $71,261 for increasing salaries for the

chief justice of the Supreme Court, appellate, district and metropolitan court chief judges and

certain presiding magistrates. This amount will increase in any year the Legislature raises

judicial salaries.

The following chart sets for the proposed increase stipend for the chief judges, appellate, district,

and metropolitan court chief judges and certain presiding magistrates.

Current

Salary

No. Curr. Rate New Rate Total

Chief Justi ce

1

117, 040

$

120, 792

$

4,538

$

Chief Judge COA

1

111, 188

$

114, 752

$

4,311

$

Chief District Judge 13

105,629

$

109, 015

$

53,243

$

Chief Metro Judge

1

95, 066

$98,113

3,686

$

Presiding Magistrate 2

71, 299

$73,585

5,483

$

To t al

18

71,261

$

Effect on

Current Salary

SIGNIFICANT ISSUES

The Legislature created the Judicial Compensation Commission, an independent six-member

Commission charged with recommending to the Legislative Finance Committee and the

Department of Finance and Administration a compensation and benefits plan for New Mexico

judges.

The Commission reviewed the administrative duties and responsibilities of the chief justice of

the Supreme Court, the chief judges of the court of appeals, district and metropolitan courts, and

the presiding judges of certain magistrate courts pursuant to Rule 23-109. The Commission

concluded that the current $2,000 annual stipend does not adequately compensate those judges

for performing those administrative duties.

On November 9, 2006, the Commission submitted its recommendation to DFA and LFC to raise

the stipend for the chief justice of the Supreme Court, court of appeals, district and metropolitan

court judges and certain presiding magistrate judges to five percent. This bill is consistent with

the Judicial Compensation Commission’s number two recommendation.

PERFORMANCE IMPLICATIONS

The courts are participating in performance-based budgeting. It is unknown if enactment of this

bill would impact performance measures as they relate to judicial budgeting.

RELATIONSHIP

HB 490, Judge and Hearing Officer Salaries, and HB 488, Metro and Magistrate Judge Salary

Formula.

CS/mt