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

SPONSOR Saavedra

ORIGINAL DATE

LAST UPDATED

2/2/2007

HB 791

SHORT TITLE

Metro & Magistrate Court Judge Salaries

SB

ANALYST Moser

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$423.1

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 301, HB 488

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Metro Court (MC)

SUMMARY

Synopsis of Bill

House bill 791 amends Section 34-1-9 NMSA 1978 to increase the salaries of metropolitan court

judges to 95% of the salary of a district judge, instead of 90%. This change in statute would also

increase salaries of magistrate court judges since magistrate court judges are paid at 75% of the

salary of a metropolitan court judge.

FISCAL IMPLICATIONS

House bill 791 appropriates recurring funds in the amount of $423.1 to increase the salaries of

metropolitan court and magistrate court judges.

The following chart sets forth the proposed increases for metropolitan court and magistrate court

judges:

House Bill 791 – Page

2

SIGNIFICANT ISSUES

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, was created two years

ago. The Judicial Compensation Commission evaluated judicial salaries, including comparing

New Mexico judges’ salaries and benefits to surrounding states; issues of retention and

recruitment; salaries of attorneys in New Mexico; and reasons judges leave the New Mexico

judiciary. The Commission determined that the current 10 percent salary differential between

metropolitan court judges and district court judges creates an unfair disadvantage for the

metropolitan court as all other judges receive only a 5 percent differential.

The Metro Court indicates that that main qualification difference between a Metropolitan Court

Judge and a District Court Judge are the number of years of law practice required as a

prerequisite to taking the bench. While a District Court Judge requires six (6) years of actual

practice, a Metropolitan Court Judge only requires three years. The practical difference,

however, is negligible, as the nineteen judges currently sitting at Metropolitan Court average

12.56 years of legal experience prior to their appointment or election to the bench.

The Metro Court states that a Metropolitan Court Judge has the highest caseload of any judge in

the state. Based upon last fiscal year's case filings, the Court projects each Metropolitan Court

Judge to average 6,632 new case filings in fiscal year 2007.

Since 2001, three Metropolitan Court Judges have moved to the Second Judicial District Court.

Of the current judges sitting at the Second Judicial District Court, nine (or 38%) served

previously as Metropolitan Court Judges. The prospects of a lower caseload and a salary

increase of $10,383 by transferring to the District Court have made it difficult for Metropolitan

Court to retain its judges. By passing this legislation, the metro court argues that the salary gap

would be reduced by half.

PERFORMANCE IMPLICATIONS

Increased salaries may reduce turnover and vacancy rates, with attendant training costs, in the

metropolitan and magistrate courts. Higher salaries may encourage highly qualified individuals

to seek both metropolitan and magistrate positions.

GM/nt

Current

Salary

No. Curr. Rate NewRate Total

Chief Metro Judge

1

95, 066

$

100,347

$

6,388

$

A ssoc . Metro Judges 18

93, 441

$

98,632

$

113,017

$

Total Metro Cost

119,405

$

Magis tra te Judges

No. Curr. Rate NewRate Total

P residing Magistrate 2

71, 299

$

75,260

$

9,503

$

Assoc. Magistrate 63

70,081

$

73,974

$

294,217

$

Total Magi strat e Cost

303,720

$

To t al

423,125

$

Effect on

Current Salary