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

SPONSOR McSorley

ORIGINAL DATE

LAST UPDATED

2/1/06

HB

SHORT TITLE Legal Access for Low Income Persons

SB 540

ANALYST McSherry

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$98.6 Non-Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates Appropriation in the General Appropriation Act

Relates to Appropriation 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 540, Legal Access for Low Income Persons, appropriates $98,634 from the general

fund to the Administrative Office of the Courts for the purpose of finalizing its report, begin im-

plementation of its recommendation, conduct public hearings, help low-income persons access

available resources, produce videos on the scope of eh problem of the legal needs of low-income

persons and employ a statewide program manager to staff the commission.

FISCAL IMPLICATIONS

The appropriation of $98,634 contained in this bill is a non-recurring expense to the general

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

to the general fund.

SIGNIFICANT ISSUES

AOC reports that one quarter of New Mexico’s population lives at or below the federal poverty

standard and that poor and low income New Mexicans have a variety of legal needs including

Senate Bill 540 – Page 2

family law, housing, consumer affairs, employment, health, community issues, wills, and public

benefits. AOC further reports that, according to a recent estimate,as much as 80% of the legal

needs of poor and low income New Mexicans go unmet.

State Supreme Court established the New Mexico Commission on Access to Justice (ATJ) to ex-

pand and improve civil legal assistance to low income New Mexicans. The Commission has

eighteen members representing the bar, judiciary, legal aid providers, Governor’s office, and leg-

islative leadership. In addition to the eighteen Commission members numerous interested per-

sons serve on its working groups.

AOC reports that, during its first year of operation, the Commission:

1) Held four public hearings to take testimony from people in the Las Cruces, Roswell, Gallup,

Taos, Albuquerque, and Santa Fe areas on the legal problems encountered by low income people

who cannot afford a lawyer; and

2) Focused on creating a strategic plan, identifying and assessing needs, developing a statewide

delivery system, increasing resources and increasing public awareness of the problem.

According to AOC the proposed program manager would be a half time position.

PERFORMANCE IMPLICATIONS

More and more litigants are self-represented (pro se) in New Mexico’s courts. AOC asserts that

this increase is due to the limited availability of legal services for low income persons.

Self-represented litigants require more court time, more staff assistance, and are more likely to

make an error that requires additional hearings. According to efforts to provide greater assis-

tance to these litigants will help the courts run more efficiently.

ADMINISTRATIVE IMPLICATIONS

The Access to Justice Commission is a Supreme Court-created Commission which is currently

administered by AOC.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The Access to Justice Commission will continue to rely on resources

POSSIBLE QUESTIONS

1.

Is the expected duration for completion of the Commission for Access in Justice tasks the

end of fiscal year 2007.

2.

What duration is planned to hire the proposed program manager to staff the Commission.

3.

What would “help low-income persons to access available resources” mean.

4.

Was a strategic plan developed by the Commission.

EM/yr