0001| AN ACT | 0002| RELATING TO COURTS; INCREASING CERTAIN COURT FEES; CREATING A FUND; | 0003| DEDICATING PROCEEDS IN THE FUND FOR THE PROVISION OF CIVIL LEGAL | 0004| SERVICES TO INDIGENT PERSONS; MAKING AN APPROPRIATION. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 34-6-40 NMSA 1978 (being Laws 1968, Chapter | 0008| 69, Section 42, as amended) is amended to read: | 0009| "34-6-40. FINANCE--FEES.-- | 0010| A. District court clerks shall collect in civil matters | 0011| docketing any cause, whether original or reopened or by appeal or | 0012| transfer from any inferior court, a fee of one hundred seven dollars | 0013| ($107), ten dollars ($10.00) of which shall be deposited in the court | 0014| automation fund and twenty-five dollars ($25.00) of which shall be | 0015| deposited in the civil legal services fund. | 0016| B. No fees or costs shall be taxed against the state, its | 0017| political subdivisions or the nonprofit corporations authorized to be | 0018| formed under the Educational Assistance Act. | 0019| C. Except as otherwise specifically provided by law, docket | 0020| fees shall be paid into the general fund." | 0021| Section 2. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter | 0022| 62, Section 92, as amended) is amended to read: | 0023| "35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF | 0024| "CONVICTED".-- | 0025| A. Magistrate judges, including metropolitan court judges, | 0001| shall collect the following costs: | 0002| Docket fee, criminal actions under Section 29-5-1 NMSA | 0003| 1978. . . . . . . . . . . . . . . . . . . . . . . . $ 1.00 | 0004| Docket fee, to be collected prior to docketing any other | 0005| criminal action, except as provided in Subsection B of | 0006| Section 35-6-3 NMSA 1978 . . . . . . . . . . . . . . . . 20.00 | 0007| Docket fee, ten dollars ($10.00) of which shall be | 0008| deposited in the court automation fund and fifteen dollars | 0009| ($15.00) of which shall be deposited in the civil legal | 0010| services fund, to be collected prior to docketing any civil | 0011| action, except as provided in Subsection A of Section 35-6-3 | 0012| NMSA 1978 . . 62.00 | 0013| Jury fee, to be collected from the party demanding trial | 0014| by jury in any civil action at the time the demand is filed | 0015| or made. . . . . . . . . . . . . . . . . . . . . . . . . 25.00 | 0016| Copying fee, for making and certifying copies of any | 0017| records in the court, for each page copied by photographic | 0018| process. . . . . . . . . . . . . . . . . . . . . . . . . . .50 | 0019| Copying fee, for computer-generated or electronically | 0020| transferred copies, per page. . . . . . . . . . . . . 1.00. | 0021| Proceeds from this copying fee shall be transferred to the | 0022| administrative office of the courts for deposit in the court | 0023| automation fund. Except as otherwise specifically provided | 0024| by law, docket fees shall be paid into the general fund. | 0025| B. Except as otherwise provided by law, no other costs or | 0001| fees shall be charged or collected in the magistrate or metropolitan | 0002| court. | 0003| C. The magistrate or metropolitan court may grant free | 0004| process to any party in any civil proceeding or special statutory | 0005| proceeding upon a proper showing of indigency. The magistrate or | 0006| metropolitan court may deny free process if it finds that the | 0007| complaint on its face does not state a cause of action. | 0008| D. As used in this subsection, "convicted" means the | 0009| defendant has been found guilty of a criminal charge by the magistrate | 0010| or metropolitan judge, either after trial, a plea of guilty or a plea | 0011| of nolo contendere. Magistrate judges, including metropolitan court | 0012| judges, shall collect the following costs: | 0013| (1) corrections fee, to be collected upon conviction | 0014| from persons convicted of violating any provision of the Motor Vehicle | 0015| Code involving the operation of a motor vehicle, convicted of a crime | 0016| constituting a misdemeanor or a petty misdemeanor or convicted of | 0017| violating any ordinance that may be enforced by the imposition of a | 0018| term of imprisonment | 0019| . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00; | 0020| (2) court automation fee, to be collected upon | 0021| conviction from persons convicted of violating any provision of the | 0022| Motor Vehicle Code involving the operation of a motor vehicle, | 0023| convicted of a crime constituting a misdemeanor or a petty misdemeanor | 0024| or convicted of violating any ordinance that may be enforced by the | 0025| imposition of a term of imprisonment . . . . . . . . . 10.00; | 0001| (3) traffic safety fee, to be collected upon | 0002| conviction from persons convicted of violating any provision of the | 0003| Motor Vehicle Code involving the operation of a motor vehicle 3.00; | 0004| and | 0005| (4) judicial education fee, to be collected upon | 0006| conviction from persons convicted of operating a motor vehicle in | 0007| violation of the Motor Vehicle Code, convicted of a crime constituting | 0008| a misdemeanor or a petty misdemeanor or convicted of violating any | 0009| ordinance punishable by a term of | 0010| imprisonment . . . . . . . . . . . . . . . . . . . . . . 1.00. | 0011| E. Metropolitan court judges shall collect as costs a | 0012| mediation fee not to exceed five dollars ($5.00) for the docketing of | 0013| small claims and criminal actions specified by metropolitan court | 0014| rule. Proceeds of the mediation fee shall be deposited into the | 0015| metropolitan court mediation fund." | 0016| Section 3. CIVIL LEGAL SERVICES FUND CREATED-- | 0017| ADMINISTRATION--DISTRIBUTION.-- | 0018| A. There is created in the state treasury the "civil legal | 0019| services fund" to be administered by the local government division of | 0020| the department of finance and administration. | 0021| B. Balances in the civil legal services fund, less | 0022| administrative costs as provided for in Subsection D of this section, | 0023| may be expended by the local government division of the department of | 0024| finance and administration for the purpose of entering into contracts | 0025| with nonprofit organizations that: | 0001| (1) offer a range of free or reduced-fee civil legal | 0002| services to indigent persons in New Mexico; and | 0003| (2) demonstrate the capacity to cooperate with state | 0004| and local bar associations, pro bono programs and private attorneys to | 0005| increase the availability of free or reduced-fee civil legal services | 0006| to indigent persons. | 0007| C. A contract entered into for the purpose of providing | 0008| civil legal services to indigent persons shall be in accordance with | 0009| the provisions of the Procurement Code. | 0010| D. The local government division of the department of | 0011| finance and administration may expend no more than five percent of the | 0012| annual fund balance for administrative purposes. | 0013| E. Balances in the civil legal services fund shall not | 0014| revert to the general fund at the end of any fiscal year. | 0015| F. Payments from the civil legal services fund shall be | 0016| made upon vouchers issued and signed by the director of the local | 0017| government division of the department of finance and administration | 0018| upon warrants drawn by the secretary of finance and administration. | 0019| Section 4. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is July 1, 1997. |