HOUSE BILL 135

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Paul C. Bandy

 

 

 

 

 

AN ACT

RELATING TO COURTS; PROVIDING FOR ADDITIONAL JUDGESHIPS IN THE THIRD AND ELEVENTH DISTRICT COURTS; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

 

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

     SECTION 1. Section 34-6-6 NMSA 1978 (being Laws 1968, Chapter 69, Section 9, as amended) is amended to read:

     "34-6-6. JUDGES--THIRD JUDICIAL DISTRICT.--There shall be [eight] nine district judges in the third judicial district."

     SECTION 2. Section 34-6-14 NMSA 1978 (being Laws 1968, Chapter 69, Section 17, as amended) is amended to read:

     "34-6-14. JUDGES--ELEVENTH JUDICIAL DISTRICT.--There shall be [eight] nine district judges in the eleventh judicial district. The judges of divisions one, three, four, six [and], eight and nine shall reside and maintain their principal offices in San Juan county. The judges of divisions two, five and seven shall reside and maintain their principal offices in McKinley county."

     SECTION 3. A new section of Chapter 34, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DISTRICT WATER COURTS.--

          A. A district water court shall be established in each of Dona Ana and San Juan counties.

          B. The district water court shall be a civil court that shall hear all cases relating to water and other civil cases as well. The water court shall give priority to water cases.

          C. District water judges shall be nominated and appointed in the same manner as other district judges and shall be subject to elections by voters in the county, as provided in Article 6 of the constitution of New Mexico. Current and former district judges may apply for appointment to the district water court. Persons residing outside of the county may apply for appointment on the condition that they reside in the county immediately upon appointment.

          D. Upon taking office, a district water judge shall be expected to devote substantial time to the study of water law and other water-related subjects, especially as related to the arid western regions of the United States. District water judges are encouraged to confer and consult with other district water judges about issues of water law.

          E. A district water judge shall not permit ex parte communications, but a district water judge may hold informal discussion and planning sessions open to all parties, members of the public and government agencies, with appropriate advance notice to the public.

          F. District water judges shall not be subject to a peremptory challenge pursuant to Section 38-3-9 NMSA 1978 or Rule 1-088.1 NMRA in water cases. In water cases, district water judges shall not be subject to excusal for cause on the grounds that they consume water or have water rights or an interest in property within the county. A district water judge may request a special master, a water judge from another district or a judge appointed by the supreme court to hear particular matters where the district water judge might be perceived to have a significant conflict of interest. In other civil cases, a judge shall be subject to excusal pursuant to Section 38-3-9 NMSA 1978 or Rule 1-088.1 NMRA."

     SECTION 4. APPROPRIATION.--Nine hundred thousand dollars ($900,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal year 2015 and subsequent fiscal years to add two new judgeships for district water courts, one in Dona Ana county and one in San Juan county. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 5. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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