SENATE BILL 391

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Mary Kay Papen

AN ACT

RELATING TO JUDICIAL SALARIES; PROVIDING FOR INCREASES IN PAY BASED ON LENGTH OF SERVICE FOR JUSTICES, JUDGES AND MAGISTRATES IN SEVEN-YEAR RETENTION TIERS; MAKING APPROPRIATIONS.

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

     SECTION 1. Section 34-1-9 NMSA 1978 (being Laws 1993, Chapter 278, Section 1, as amended) is amended to read:

     "34-1-9. SALARIES OF JUSTICES, JUDGES AND MAGISTRATES.--

          A. Justices of the supreme court shall each receive an annual salary as provided by the legislature. The chief justice of the supreme court shall receive an annual salary that is two thousand dollars ($2,000) more than the annual salary of a justice of the supreme court.

          B. The chief judge of:

                (1) the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of the chief justice of the supreme court;

                (2) a district court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of the court of appeals; and

                (3) a metropolitan court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of a district court.

          C. The presiding magistrate of a magistrate district where three or more divisions operate as a single court shall receive an annual salary that is seventy-five percent of the annual salary of the chief judge of a metropolitan court.

          D. Notwithstanding any other provision of law or any other provision of this section, the annual salaries of the following judges and magistrates shall be established as follows:

                (1) a judge of the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of a justice of the supreme court;

                (2) a district court judge shall receive an annual salary that is ninety-five percent of the annual salary of a judge of the court of appeals;

                (3) a metropolitan court judge shall receive an annual salary that is ninety-five percent of the annual salary of a district court judge;

                (4) a full-time magistrate shall receive an annual salary that is seventy-five percent of the annual salary of a metropolitan court judge;

                (5) a half-time magistrate shall receive an annual salary that is fifty percent of the annual salary of a full-time magistrate; and

                (6) a quarter-time magistrate shall receive an annual salary that is twenty-five percent of the annual salary of a full-time magistrate.

          E. For fiscal year 1995 and all subsequent fiscal years, the annual salary for justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall be established by the legislature in an appropriations act.

          F. Retention salary tiers shall be established for justices of the supreme court and judges of the court of appeals, district courts, metropolitan courts and magistrate courts based on judicial service as of July 1, 2013, as follows:

                (1) if the justice or judge has served on the bench for seven to fourteen years, the justice or judge shall receive a five percent retention increase to the justice's or judge's base salary as determined in Subsection A, B, C or D of this section;

                (2) if the justice or judge has served on the bench for fourteen to twenty-one years, the justice or judge shall receive a ten percent retention increase to the justice's or judge's base salary as determined in Subsection A, B, C or D of this section; and

                (3) if the justice or judge has served on the bench for over twenty-one years, the justice or judge shall receive a fifteen percent retention increase to the justice's or judge's base salary as determined in Subsection A, B, C or D of this section.

          G. Retention salary increases shall not offset any other salary increases provided for justices and judges as part of annual compensation increases for the judiciary or state government.

          H. The administrative office of the courts shall adopt rules regarding the establishment of retention salary tiers pursuant to this section.

          [F.] I. No additional salaries shall be paid to justices, judges or magistrates on account of services rendered the state except as provided in Subsection F of this section. Justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall receive per diem and mileage for necessary travel on official business of the court as provided in the Per Diem and Mileage Act."

     SECTION 2. APPROPRIATION.--Seven hundred thirty-three thousand one hundred seventy-eight dollars ($733,178) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2014 to provide for seven-year retention raises for justices of the supreme court and judges of the court of appeals, district courts, metropolitan courts and magistrate courts pursuant to Section 34-1-9 NMSA 1978. The salary increase pursuant to this section shall be effective the first full pay period after July 1, 2013. Any unexpended or unencumbered balance remaining at the end of fiscal year 2014 shall revert to the general fund.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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