NM
New Mexico House Bill HB352

New Mexico 2025 Regular Session

New Mexico House Bill HB352 Compare Versions

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1-HB 352/a
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28+HOUSE BILL 352
29+57
30+TH LEGISLATURE
31+-
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33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
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42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Susan K. Herrera and Joseph L. Sanchez and Leo Jaramillo
2848 AN ACT
2949 RELATING TO COURTS; CLOSING MAGISTRATE CIRCUIT COURTS IN THE
3050 MCKINLEY, SANTA FE, TORRANCE, DONA ANA AND LEA DISTRICTS;
31-RELOCATING A CIRCUIT COURT IN THE RIO ARRIBA DISTRICT.
51+RELOCATING MAGISTRATE DISTRICT COURTS IN THE GRANT AND SAN JUAN
52+DISTRICTS; RELOCATING A CIRCUIT COURT IN THE RIO ARRIBA
53+DISTRICT.
3254 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3355 SECTION 1. Section 35-1-10 NMSA 1978 (being Laws 1968,
3456 Chapter 62, Section 12, as amended) is amended to read:
3557 "35-1-10. MAGISTRATE COURT--DONA ANA DISTRICT.--There
3658 shall be seven magistrates in Dona Ana magistrate district.
3759 Divisions 1, 2, 3, 4, 5, 6 and 7 shall operate as a single
38-court in Las Cruces and shall rotate riding circuit to
39-Anthony on a regularly scheduled basis."
40-SECTION 2. Section 35-1-16 NMSA 1978 (being Laws 1968,
41-Chapter 62, Section 18, as amended) is amended to read:
42-"35-1-16. MAGISTRATE COURT--LEA DISTRICT.--
43-A. There shall be four magistrates in the Lea
44-magistrate district, divisions 1 and 2 operating as a single
45-court in Hobbs, division 3 in Eunice and division 4 in
46-Lovington. The division 3 magistrate shall ride circuit to
47-Hobbs as needed.
48-B. Magistrate judges shall not be elected at large
49-from the district but shall be elected by the voters of the
50-division for which the magistrate sits. Magistrate judges
51-shall reside in their divisions but shall have district-wide HB 352/a
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60+court in Las Cruces and shall rotate riding circuit to Anthony
61+[and Hatch] on a regularly scheduled basis."
62+SECTION 2. Section 35-1-12 NMSA 1978 (being Laws 1968,
63+.230349.1 underscored material = new
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78-jurisdiction. For the 2010 and subsequent elections, the
79-composition of the divisions for elections and residence
80-purposes is as follows:
81-(1) division 1 is composed of Lea county
82-precincts 23 through 30, 32 and 41 through 43;
83-(2) division 2 is composed of Lea county
84-precincts 33 through 35, 44, 51 through 55 and 61;
85-(3) division 3 is composed of Lea county
86-precincts 20, 22, 31, 36, 62 and 71 through 74; and
87-(4) division 4 is composed of Lea county
88-precincts 2, 3, 10 through 18 and 21."
89-SECTION 3. Section 35-1-20 NMSA 1978 (being Laws 1968,
90-Chapter 62, Section 22, as amended) is amended to read:
91-"35-1-20. MAGISTRATE COURT--MCKINLEY DISTRICT.--There
92-shall be three magistrates in McKinley magistrate district,
93-divisions 1, 2 and 3 operating as a single court in Gallup."
94-SECTION 4. Section 35-1-24 NMSA 1978 (being Laws 1968,
95-Chapter 62, Section 26, as amended) is amended to read:
96-"35-1-24. MAGISTRATE COURT--RIO ARRIBA DISTRICT.--
90+Chapter 62, Section 14) is amended to read:
91+"35-1-12. MAGISTRATE COURT--GRANT DISTRICT.--
9792 A. Prior to January 1, 2027 , there shall be two
98-magistrates in Rio Arriba magistrate district, divisions 1
99-and 2 operating as a single court in Espanola. The
100-magistrates shall rotate riding circuit to Chama as needed.
93+magistrates in Grant magistrate district, division 1 in Silver
94+City and division 2 in Bayard.
10195 B. Beginning January 1, 2027, there shall be two
102-magistrates in Rio Arriba magistrate district, divisions 1 HB 352/a
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96+magistrates in Grant magistrate district, and divisions 1 and 2
97+shall operate as a single court in Silver City. "
98+SECTION 3. Section 35-1-16 NMSA 1978 (being Laws 1968,
99+Chapter 62, Section 18, as amended) is amended to read:
100+"35-1-16. MAGISTRATE COURT--LEA DISTRICT.--
101+[A. Through December 31, 2010, there shall be five
102+magistrates in Lea magistrate district, division 1 in
103+Lovington, divisions 2 and 5 operating as a single court in
104+Hobbs, division 3 in Eunice and division 4. The division 3
105+magistrate shall ride circuit to Jal on a regularly scheduled
106+basis and shall ride circuit to Hobbs as needed. The division
107+4 magistrate shall ride circuit to Lovington, Hobbs and Eunice.
108+B. On January 1, 2011 ] A. there shall be four
109+magistrates in the Lea magistrate district, divisions 1 and 2
110+operating as a single court in Hobbs, division 3 in Eunice and
111+division 4 in Lovington. The division 3 magistrate [shall ride
112+circuit to Jal on a regularly scheduled basis and ] shall ride
113+circuit to Hobbs as needed.
114+[C.] B. Magistrate judges shall not be elected at
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129-and 2 operating as a single court in Espanola. The
130-magistrates shall ride circuit to Tierra Amarilla as needed."
131-SECTION 5. Section 35-1-29 NMSA 1978 (being Laws 1968,
143+large from the district but shall be elected by the voters of
144+the division for which the magistrate sits. Magistrate judges
145+shall reside in their divisions but shall have district-wide
146+jurisdiction. For the 2010 and subsequent elections, the
147+composition of the divisions for elections and residence
148+purposes is as follows:
149+(1) division 1 is composed of Lea county
150+precincts 23 through 30, 32 and 41 through 43;
151+(2) division 2 is composed of Lea county
152+precincts 33 through 35, 44, 51 through 55 and 61;
153+(3) division 3 is composed of Lea county
154+precincts 20, 22, 31, 36, 62 and 71 through 74; and
155+(4) division 4 is composed of Lea county
156+precincts 2, 3, 10 through 18 and 21."
157+SECTION 4. Section 35-1-20 NMSA 1978 (being Laws 1968,
158+Chapter 62, Section 22, as amended) is amended to read:
159+"35-1-20. MAGISTRATE COURT--MCKINLEY DISTRICT.--There
160+shall be three magistrates in McKinley magistrate district,
161+divisions 1, 2 and 3 operating as a single court in Gallup.
162+[The division 3 magistrate shall ride circuit to Thoreau. ]"
163+SECTION 5. Section 35-1-24 NMSA 1978 (being Laws 1968,
164+Chapter 62, Section 26, as amended) is amended to read:
165+"35-1-24. MAGISTRATE COURT--RIO ARRIBA DISTRICT.--
166+A. Prior to January 1, 2027 , there shall be two
167+magistrates in Rio Arriba magistrate district, divisions 1 and
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196+2 operating as a single court in Espanola. The magistrates
197+shall rotate riding circuit to Chama as needed.
198+B. Beginning January 1, 2027, there shall be two
199+magistrates in Rio Arriba magistrate district, divisions 1 and
200+2 operating as a single court in Espanola. The magistrates
201+shall ride circuit to Tierra Amarilla as needed. "
202+SECTION 6. Section 35-1-27 NMSA 1978 (being Laws 1968,
203+Chapter 62, Section 29, as amended) is amended to read:
204+"35-1-27. MAGISTRATE COURT--SAN JUAN DISTRICT ELECTION
205+DIVISION PRECINCTS.--
206+A. Prior to January 1, 2027 , there shall be six
207+magistrate divisions in San Juan magistrate district, each
208+division having its own magistrate. Divisions 1, 4 and 6 shall
209+operate as a single court in Aztec and divisions 2, 3 and 5
210+shall operate as a single court in Farmington.
211+B. Beginning January 1, 2027, there shall be six
212+magistrate divisions in San Juan magistrate district, each
213+division having its own magistrate. Divisions 1, 2, 3, 4, 5
214+and 6 shall operate as a single court in Aztec.
215+[B.] C. Magistrate judges shall not be elected at
216+large from the district, but shall be elected by the voters of
217+the division for which the magistrate sits. Magistrate judges
218+may reside anywhere within the magistrate district and shall
219+have district-wide jurisdiction. The composition of the
220+divisions for elections purposes is:
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249+(1) division 1 is composed of San Juan county
250+precincts 41, 48, 55, 57, 58, 60 through 67 and 72;
251+(2) division 2 is composed of San Juan county
252+precincts 1 through 7, 20, 21, 23, 24 and 50;
253+(3) division 3 is composed of San Juan county
254+precincts 28, 31, 32, 38 through 40, 42 through 44, 46, 47, 49
255+and 59;
256+(4) division 4 is composed of San Juan county
257+precincts 8 through 19, 52, 53, 71 and 77;
258+(5) division 5 is composed of San Juan county
259+precincts 22, 25 through 27, 29, 30, 33 through 37, 45 and 51;
260+and
261+(6) division 6 is composed of San Juan county
262+precincts 54, 56, 68 through 70 and 73 through 76."
263+SECTION 7. Section 35-1-29 NMSA 1978 (being Laws 1968,
132264 Chapter 62, Section 31, as amended) is amended to read:
133265 "35-1-29. MAGISTRATE COURT--SANTA FE DISTRICT.--There
134-shall be four magistrates in the Santa Fe magistrate
135-district, divisions 1, 2, 3 and 4 operating as a single court
136-in Santa Fe."
137-SECTION 6. Section 35-1-33 NMSA 1978 (being Laws 1968,
266+shall be four magistrates in the Santa Fe magistrate district,
267+divisions 1, 2, 3 and 4 operating as a single court in Santa Fe
268+[however, one magistrate shall ride circuit to Pojoaque on a
269+regularly scheduled basis ]."
270+SECTION 8. Section 35-1-33 NMSA 1978 (being Laws 1968,
138271 Chapter 62, Section 35, as amended) is amended to read:
139272 "35-1-33. MAGISTRATE COURT--TORRANCE DISTRICT.--There
140273 shall be one magistrate in Torrance magistrate district whose
141-principal court is in Moriarty."
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302+principal court is in Moriarty. [The magistrate shall ride
303+circuit to Estancia on a regularly scheduled basis. ]"
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