HOUSE BILL 362

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Paul C. Bandy

AN ACT

RELATING TO JUDICIAL DISTRICTS; CREATING THE FOURTEENTH JUDICIAL DISTRICT; MODIFYING THE ELEVENTH JUDICIAL DISTRICT; PROVIDING FOR TRANSFER OF JUDGES, DISTRICT ATTORNEYS, PERSONNEL, APPROPRIATIONS, CONTRACTS AND OBLIGATIONS.

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

     SECTION 1. Section 34-6-1 NMSA 1978 (being Laws 1941, Chapter 75, Section 1, as amended) is amended to read:

     "34-6-1. JUDICIAL DISTRICTS.--The state shall be divided into judicial districts as follows:

          A. first judicial district, the counties of Santa Fe, Rio Arriba and Los Alamos;

          B. second judicial district, the county of Bernalillo;

          C. third judicial district, the county of Dona Ana;

          D. fourth judicial district, the counties of Guadalupe, San Miguel and Mora;

          E. fifth judicial district, the counties of Eddy, Chaves and Lea;

          F. sixth judicial district, the counties of Grant, Luna and Hidalgo;

          G. seventh judicial district, the counties of Socorro, Torrance, Sierra and Catron;

          H. eighth judicial district, the counties of Taos, Colfax and Union;

          I. ninth judicial district, the counties of Curry and Roosevelt;

          J. tenth judicial district, the counties of Quay, DeBaca and Harding;

          K. eleventh judicial district, the [counties] county of McKinley [and San Juan];

          L. twelfth judicial district, the counties of Otero and Lincoln; [and]

          M. thirteenth judicial district, the counties of Cibola, Sandoval and Valencia; and

          N. fourteenth judicial district, the county of San Juan."

     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] three district judges in the eleventh judicial district. [The judges of divisions one, three, four, six and eight 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 34-6-16.1 NMSA 1978 is enacted to read:

     "34-6-16.1. [NEW MATERIAL] JUDGES--FOURTEENTH JUDICIAL DISTRICT.--There shall be five judges in the fourteenth judicial district."

     SECTION 4. TEMPORARY PROVISION--TRANSFER OF JUDGES, DISTRICT ATTORNEYS, PERSONNEL, APPROPRIATIONS, CONTRACTS AND OBLIGATIONS.--

          A. Judges serving in eleventh judicial district divisions one, three, four, six and eight who maintain their offices in San Juan county shall be transferred to divisions one, two, three, four and five, respectively, of the fourteenth judicial district, together with all budgets, personnel, money, funds, appropriations, accounts, furniture, equipment, office supplies and other things of value and all contracts, debts, liabilities or other obligations attributable to those divisions.

          B. The district attorney serving in the eleventh judicial district division one, composed of San Juan county, is transferred to the fourteenth judicial district and shall retain all budgets, personnel, money, funds, appropriations, accounts, furniture, equipment, office supplies and other things of value and all contracts, debts, liabilities or other obligations attributable to division one.

          C. The district attorney serving in the eleventh judicial district division two, composed of McKinley county, shall become the sole district attorney for the eleventh judicial district and shall retain all budgets, personnel, money, funds, appropriations, accounts, furniture, equipment, office supplies and other things of value and all contracts, debts, liabilities or other obligations attributable to division two.

     SECTION 5. TEMPORARY PROVISION--JUDICIAL ELECTIONS.--

          A. Candidates running for the position of district judge from divisions one, three, four, six and eight of the eleventh judicial district shall be elected by the qualified voters of San Juan county at the general election held in 2020.

          B. Candidates running for the position of district judge from divisions two, five and seven of the eleventh judicial district shall be elected by the qualified voters of McKinley county at the general election held in 2020.

     SECTION 6. REPEAL.--Sections 36-1-8.2 and 36-1-8.3 NMSA 1978 (being Laws 1981, Chapter 25, Sections 1 and 2, as amended) are repealed.