HB 146 — TRANSFER SOME DUTIES TO DISTRICT COURTS

HOUSE BILL 146 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Micaela Lara Cadena 6 8 10 AN ACT RELATING TO COURTS;

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

e t 17 SECTION 1.

Section 35-1-37 NMSA 1978 (being Laws 1968, w l n d 18 Chapter 62, Section 39, as amended) is amended to read:

= = 19 a l "35-1-37.

MAGISTRATE COURT--PRESIDING MAGISTRATE.--In i a e r 20 magistrate districts where two or more divisions operate as a a t m m 21 single court, the [director of the administrative office of the d r e 22 courts] chief district judge shall designate the magistrate of c e s k 23 one of the divisions as "presiding magistrate" to perform e a n b 24 administrative duties prescribed by [regulation of] the u [ [administrative office] supreme court." .218267.1SA SECTION 2.

Within thirty days after election or appointment, each apparently successful candidate and each appointee shall file with the HB 146 Page 1 administrative office of the courts an application for certificate of magistrate qualification.

e t 17 (2) the applicant's certificate of election or w l n d 18 appointment;

and = = 19 a l (3) evidence of the applicant's possession of i a e r 20 personal qualifications required by law.

a t m m 21 B.

Each applicant for a certificate of magistrate d r e 22 qualification who has not previously held such a certificate c e s k 23 shall attend a qualification training program conducted by the e a n b 24 administrative office of the courts as a prerequisite to the u [ issuance of [his] the applicant's first certificate.

The .218267.1SA - 2 - administrative office of the courts shall prescribe the content of the qualification training program so as to inform applicants with reference to judicial powers and duties.

Each HB 146 Page 2 magistrate shall post the certificate in a conspicuous place in [his] the magistrate's courtroom.

If not sooner suspended or revoked as provided by law, each certificate of magistrate qualification automatically expires at the end of the term to which the magistrate is elected or appointed or when [his] the magistrate's successor in office is qualified, whichever is e t 17 later.

w l n d 18 E.

Any magistrate who fails to complete the = = 19 a l requirements for initial qualification within forty-five days i a e r 20 of election or appointment shall be held to have resigned [his] a t m m 21 the magistrate's office.

[and the administrative office] The d r e 22 chief district judge shall certify the existence of [the] any c e s k 23 magistrate vacancy to the governor and notify the e a n b 24 administrative office of the courts." u [ SECTION 3.

Section 35-6-7 NMSA 1978 (being Laws 2003, .218267.1SA - 3 - Chapter 240, Section 3) is amended to read:

MAGISTRATE COURT--DRUG COURT FEE--MONTHLY REMITTANCES.--[A.]REMITTANCES.--A A magistrate court that has an adult drug court program may assess and collect from participants a "drug court fee" of fifty dollars ($50.00) a month.

Proceeds from the drug court fee shall be deposited in the [magistrate] drug court fund [B.of the judicial district established pursuant to Section 34-6-47 NMSA 1978." SECTION 4.

EachSection magistrate35-7-1 courtNMSA shall1978 pay(being monthlyLaws to1997, theChapter administrative53, officeSection of1) theis courts,amended not later than the date established by rule of the director of the administrative office, the amount collected pursuant to Subsectionread: A of this section, which shall be credited to the magistrate drug court fund.

TheHB administrative146 officePage shall3 return"35-7-1. to each magistrate a written receipt itemizing all money received and credited to the fund] of the judicial district established e t 17 pursuant to Section 34-6-47 NMSA 1978." w l n d 18 SECTION 4.

SectionMAGISTRATE 35-7-1COURTS--SUPERVISION NMSABY 1978THE (beingSUPREME LawsCOURT 1997,AND =THE =DISTRICT 19COURT aIN lTHE ChapterJUDICIAL 53,DISTRICT SectionIN 1)WHICH isTHE amendedCOURT toIS read:LOCATED.--The magistrate courts shall operate under the direction and control of the supreme court and the district court of the judicial district in which the court is located.

iThe adistrict ecourt rshall 20provide "35-7-1.administrative support to the magistrate courts, under the supervision of the supreme court." SECTION 5.

MAGISTRATE COURTS--SUPERVISION BY THE SUPREME a t m m 21 COURT AND THE DISTRICT COURT IN THE JUDICIAL DISTRICT IN WHICH d r e 22 THE COURT IS LOCATED.--The magistrate courts shall operate c e s k 23 under the direction and control of the supreme court and the e a n b 24 district court of the judicial district in which the court is u [ located.

The [director of the administrative office of the .218267.1SA - 4 - courts] district court shall provide administrative support to the magistrate courts, under the supervision of the supreme court." SECTION 5.

MAGISTRATE ADMINISTRATION--STANDARDIZED MONTHLY REPORTS.--Each magistrate court, under the supervision of the district court, shall file a standardized monthly report with the administrative office of the courts not later than the date each month established by [regulation of] the director of the administrative office of the courts.

The administrative office of the courts shall audit and adjust e t 17 each report in accordance with the facts and file the reports w l n d 18 in its office for a period of five years." = = 19 a l SECTION 6.

Section 35-7-5 NMSA 1978 (being Laws 1968, iHB a146 ePage r4 20 Chapter 62, Section 100, as amended) is amended to read:

a t m m 21 "35-7-5.

MAGISTRATE ADMINISTRATION--PUBLIC MONEY-- d r e 22 COMMINGLING--TRUST FUND BANK ACCOUNT.-- c e s k 23 A.

All money collected by a magistrate court in e a n b 24 connection with civil and criminal actions is public money of u [ the state held in trust by the [magistrate] district court .218267.1SA - 5 - within the same judicial district until [received by the administrative office of the courts or] disbursed in accordance with law.

Every [magistrate] district court shall [open] maintain a special trust fund checking account for the magistrate courts in its judicial district in a convenient bank insured by the federal deposit insurance corporation and shall deposit all public money into the account within [four] two banking days after its receiptreceipt." [andSECTION shall7. make all remittances to the administrative office, as required by law, by check on this account.

C.Section 35-7-10 NMSA 1978 (being Laws 1968, Chapter 62, Section 105, as amended) is amended to read:

Any magistrate who violates any provision of this section or who is the maker of a check representing an amount required by law to be remitted to the administrative office, which check is not honored by the bank upon which it is e t 17 drawn when first presented for payment for reason of lack of w l n d 18 funds, is guilty of a misdemeanor and shall be punished by a = = 19 a l fine of not more than one thousand dollars ($1,000), or by i a e r 20 imprisonment for not more than one year, or both.

Any a t m m 21 conviction under this section operates as an automatic removal d r e 22 from office and forfeiture of the right to hold any public c e s k 23 office for a period of four years from the date of e a n b 24 conviction]." u [ SECTION 7.

Section 35-7-10 NMSA 1978 (being Laws 1968, .218267.1SA - 6 - Chapter 62, Section 105, as amended) is amended to read:

MAGISTRATE ADMINISTRATION--CLERICAL ASSISTANTS.--Within appropriations and budgetary limitations, [each magistrate, or the presiding magistrate of a multi- magistrate court, may select and the administrative office of the courts] the district court may employ and select clerical assistants for magistrates." SECTION 8.

MAGISTRATE ADMINISTRATION--FINANCES.--Except as otherwise specifically provided by law, all salaries and HB 146 Page 5 expenses of the magistrate court shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers approved by the [director of the administrative office of the courts] chief district judge and in accordance with budgets approved by the state e t 17 budget division of the department of finance and w l n d 18 administration." =HB =146 19Page a6 l8 -25 7 - i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .218267.1SA