A. All magistrates shall be full-time.
B. A full-time magistrate is defined as a magistrate who holds office hours a minimum of forty hours per week and who holds no other employment that may conflict with his full-time judicial duties.
History: 1978 Comp., § 35-1-36.1, enacted by Laws 1986, ch. 96, § 1; 1988, ch. 136, § 5; 1989, ch. 283, § 5; 1990, ch. 115, § 5; 1993, ch. 278, § 3; 1994, ch. 74, § 1.
ANNOTATIONSCross references. — For administrative office of the courts, see 34-9-1 NMSA 1978 et seq.
The 1994 amendment, effective March 4, 1994, deleted Subsections C and D, defining half-time and quarter-time magistrate, and rewrote Subsection A, which formerly read: "All magistrates, except for Lea magistrate district division 4 and McKinley magistrate district division 3, shall be full-time magistrates. The Lea magistrate district division 4 magistrate shall serve one-quarter time and the McKinley magistrate district division 3 magistrate shall serve one-half time."
The 1993 amendment, effective January 1, 1994, deleted the former second sentence of Subsections B, C and D, which concerned the compensation of full-time magistrates, half-time magistrates, and quarter-time magistrates, respectively.
The 1990 amendment, effective July 6, 1990, in Subsection B, increased the salary of full-time magistrates from $38,035 to $45,000; in Subsection C, increased the salary of half-time magistrates from $19,020 to $22,500; and deleted former Subsection E which read "The administrative office of the courts shall review the need for quarter-time and half-time magistrates and make recommendations to the thirty-ninth legislature, second session".
The 1989 amendment, effective at the beginning of the first full pay period of the seventy-ninth fiscal year, in Subsection B, substituted "thirty-eight thousand thirty-five dollars ($38,035)" for "thirty-one thousand sixty-eight dollars ($31,068)", and, in Subsection C, substituted "nineteen thousand twenty dollars ($19,020)" for "fifteen thousand five hundred thirty-four dollars ($15,534)".
The 1988 amendment, effective on the beginning of the first pay period of the seventy-seventh fiscal year, substituted "thirty-one thousand sixty-eight dollars ($31,068)" for "twenty-nine thousand six hundred eighty-eight dollars ($29,688)" in the second sentence of Subsection B, substituted "fifteen thousand five hundred thirty-four dollars ($15,534)" for "fourteen thousand eight hundred forty-four dollars ($14,844)" in the second sentence of Subsection C, and substituted "eleven thousand six hundred fifty-one dollars ($11,651)" for "eleven thousand one hundred thirty-three dollars ($11,133)" in the second sentence of Subsection D.