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F I S C A L I M P A C T R E P O R T

SPONSOR Smith

ORIGINAL DATE

LAST UPDATED

2/1/06

HB

SHORT TITLE Lea Magistrate Judge Position

SB 341

ANALYST McSherry

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

($87.0)

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to the appropriation for the Administrative Office of the Courts included in the General

Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 341 proposes to eliminate the Magistrate Judge position in Tatum beginning January

1, 2007. The Bill declares and emergency, which would allow the statute to go into effect imme-

diately. The bill provides that the elimination of a magistrate would not decrease the clerks as-

signed to the magistrate, but rather assigns responsibility to the Administrative Office of the

Courts to reassign the positions, and other resources including furniture equipment and supplies

to other magistrates as needed.

The Bill provides that as of January 1, 2007, the Division 4 magistrate would be located in Lov-

ington, divisions 1 and 2 as a single court in Hobbs and division 3 in Eunice. The Division 4

magistrate would ride circuit to Tatum and the Division 3 magistrate would ride circuit to Jal,

and to Hobbs as needed.

Senate Bill 341 – Page

2

FISCAL IMPLICATIONS

Eliminating this judgeship would save $86,950 on a recurring basis in the Magistrate Division at

the Administrative Office of the Courts. Because the bill provides for continued circuit cover-

age, the agency contends that the court would remain and lease costs would not be recovered;

AOC asserts that there would be minimal cost to reimburse the Lovington Magistrate for travel-

ing to Tatum.

SIGNIFICANT ISSUES

The Supreme Court has recommended eliminating this judge position at the end of the current

term.

The AOC reports that the average caseload in the Tatum Magistrate Court, proposed to be elimi-

nated with this bill, is approximately 70 cases.

Last year an almost identical bill, Senate Finance Committee Substitute for Senate Bill 980,

passed the Senate during last year and died on the House floor. The difference between the bill

introduced last year and this bill is the emergency clause and date of change enactment

4 judges would remain in Lea County (1 judge in Lovington, 2 in Hobbs, and 1 in Eunice). Un-

der the judiciary’s weighted caseload study Lea county demonstrates a need for only two to three

judges.

As the bill provides that the judge in Lovington would ride circuit to Tatum The Tatum court

will remain available to the public,. As provided by existing law, the judge in Eunice would con-

tinue to ride circuit to Jal.

According to AOC, the bill’s designation of precincts for the remaining 4 divisions complies

with the existing federal consent decree that arose from Voting Rights Act litigation. The minor-

ity district (Division 2 in Hobbs) maintains a greater than 60% minority voting population and a

greater than 2/3 total minority population.

PERFORMANCE IMPLICATIONS

The elimination of the Tatum magistrate would result in the magistrates of Lea County having a

more appropriate caseload level as determined in the judiciary’s caseload study. The 4 magis-

trates would still have a smaller caseload than other magistrates’ caseloads in the state.

ADMINISTRATIVE IMPLICATIONS

The Lovington magistrate may have minimal increases in workload as a result of this bill.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

The AOC’s budget, as recommended by HAFC, includes the magistrate salary which would no

longer be necessary should Senate Bill 341 be enacted.

Senate Bill 341 – Page

3

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Lea County will remain with more than 2 magistrates greater than the number of magistrates

recommended in the judgeship study.

POSSIBLE QUESTIONS

1.

Could a site be rented once a week to hold court rather than maintaining the continuous

lease in Tatum.

EM/nt