Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Sedillo Lopez/Charley/Nava
LAST UPDATED
ORIGINAL DATE 3/11/2025
SHORT TITLE
Child & Domestic Abuse Training for
Courts
BILL
NUMBER Senate Bill 441
ANALYST Hernandez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
See Fiscal
Implications
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Administrative Office of the Courts (AOC) Office of Family Representation and Advocacy (OFRA) Children, Youth, and Families Department (CYFD) Agency Analysis was Solicited but Not Received From
Crime Victims Reparation Commission
SUMMARY
Synopsis of Senate Bill 441
Senate Bill 441 (SB441) requires all judges and judiciary staff in the state of New Mexico to
undergo annual evidence-based training regarding child and domestic abuse. This bill does not
contain an effective date and, as a result, would go into effect 90 days after the Legislature
adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
AOC notes new laws require the agency update, distribute, and document the changes.
Additionally, the office would incur costs associated with providing the training to all judges and
judiciary staff. However, as discussed under “Significant Issues,” AOC notes constitutionality
concerns that could result in the office deciding not to implement SB441 and the potential of
litigation, a cost not assessed here.
Senate Bill 441 – Page 2
SIGNIFICANT ISSUES
AOC highlights the separation of powers among the branches of government in its analysis of
SB441, arguing it is “contrary” for the Legislature to dictate “when and what topics of which the
judiciary shall be trained.” From the office:
Under the Constitution, the Legislature lacks the power to prescribe by statute rules of
practice and procedure, although it has in the past attempted to do so. Certainly, statutes
purporting to regulate practice and procedure in the courts cannot be made binding, for
the constitutional power is vested exclusively in this court.
AOC notes judicial education is regulated by the Rules Governing Judicial Education, Rules 25-
101 through 25-104 [of the court procedural rules], and the Supreme Court is responsible for
promulgating the rules of practice and procedure that govern court proceedings and the internal
operations of the New Mexico Judiciary, as seen in State ex rel. Anaya v. McBride, 1975-NMSC-
032, which held:
Our constitutional power under [Article III, Section 1, and Article IV, Section 3,
of the New Mexico Constitution] of superintending control over all inferior courts
carries with it the inherent power to regulate all pleading, practice and procedure
affecting the judicial branch of government. State v. Roy, 40 N.M. 397, 60 P.2d
646 (1936). See also Alexander v. Delgado, 84 N.M. 717, 507 P.2d 778 (1973);
Sitta v. Zinn, 77 N.M. 146, 420 P.2d 131 (1966); State v. Arnold, 51 N.M. 311,
183 P.2d 845 (1947); City of Roswell v. Holmes, 44 N.M. 1, 96 P.2d 701 (1939);
cf. State v. Gunzelman, 85 N.M. 295, 512 P.2d 55 (1973).
AEH/hj/hg