HOUSE BILL 141

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

INTRODUCED BY

Henry Kiki Saavedra

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COURTS; CREATING ADDITIONAL JUDGESHIPS IN THE FIRST, SECOND, FIFTH AND THIRTEENTH JUDICIAL DISTRICTS; CREATING AN ADDITIONAL MAGISTRATE IN THE DONA ANA DISTRICT; MAKING APPROPRIATIONS.

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

     SECTION 1. Section 34-6-4 NMSA 1978 (being Laws 1968, Chapter 69, Section 7, as amended) is amended to read:

     "34-6-4. JUDGES--FIRST JUDICIAL DISTRICT.--There shall be [eight] nine district judges in the first judicial district."

     SECTION 2. 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] twenty-seven district judges in the second judicial district."

     SECTION 3. Section 34-6-8 NMSA 1978 (being Laws 1968, Chapter 69, Section 11, as amended) is amended to read:

     "34-6-8. JUDGES--FIFTH JUDICIAL DISTRICT.--There shall be [ten] eleven district judges in the fifth judicial district."

     SECTION 4. Section 34-6-16 NMSA 1978 (being Laws 1971, Chapter 52, Section 3, as amended) is amended to read:

     "34-6-16. JUDGES--THIRTEENTH JUDICIAL DISTRICT.--There shall be [seven] eight district judges in the thirteenth judicial district. The judges of divisions one, three and six shall reside and maintain their principal offices in Valencia county. The judges of divisions two, five, [and] seven and eight shall reside and maintain their principal offices in Sandoval county. The judge of division four shall reside and maintain the judge's principal offices in Cibola county." 

     SECTION 5. Section 35-1-10 NMSA 1978 (being Laws 1968, Chapter 62, Section 12, as amended) is amended to read:

     "35-1-10. MAGISTRATE COURT--DONA ANA DISTRICT.--There shall be [six] seven magistrates in Dona Ana magistrate district. Divisions 1, 2, 3, 4, 5, [and] 6 and 7 shall operate as a single court in Las Cruces and shall rotate riding circuit to Anthony and Hatch on a regularly scheduled basis."

     SECTION 6. TEMPORARY PROVISION--DISTRICT AND METROPOLITAN 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 7. TEMPORARY PROVISION--MAGISTRATE--APPOINTMENT AND ELECTION.--The office of magistrate in Dona Ana district, division 7, shall be filled by appointment by the governor. The appointed magistrate shall begin serving on July 1, 2014 and shall serve until succeeded by a magistrate elected at the general election in 2014. The first full term of office of the elected magistrate shall begin on January 1, 2015.

     SECTION 8. APPROPRIATIONS.--

          A. The following amounts are appropriated from the general fund to the following agencies for expenditure in fiscal year 2015 for the following purposes:

                (1) three hundred fifty-two thousand four hundred eighty-four dollars ($352,484) to the first judicial district court for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;

                (2) three hundred sixty-seven thousand two hundred seventy-four dollars ($367,274) to the second judicial district court for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;

                (3) two hundred thirty-four thousand three hundred ninety-one dollars ($234,391) to the fifth judicial district court for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff;

                (4) four hundred fifteen thousand six hundred seventy dollars ($415,670) to the thirteenth judicial district court for salaries and benefits and furniture, supplies and equipment for one additional district judge and support staff; and

                (5) one hundred seventeen thousand four hundred fifty dollars ($117,450) to the administrative office of the courts for salary and benefits and furniture, supplies and equipment for one additional magistrate in the Dona Ana magistrate district.

          B. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.

     SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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