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HB 352

CLOSE & RELOCATE CERTAIN MAGISTRATE COURTS

2025 Regular Session Introduced by Susan Herrera and 2 co-sponsors

HB 352 consolidates/relocates NM magistrate courts to cut operating costs and improve efficiency, shifting locations and riding patterns without reducing judge or staff counts.

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Bill Summary · HB 352

Summary — HB 352: Close & Relocate Certain Magistrate Courts (New Mexico)

Status: Enacted (Governor signed); Effective date: July 1, 2025 (with specified court-operational changes effective January 1, 2027)

Main purpose

HB 352 restructures parts of New Mexico’s magistrate court network to consolidate or close underused magistrate/circuit court locations and to relocate one circuit site. The stated goals are to improve use of judicial resources, reduce operating costs (leases, travel, maintenance), and centralize services to increase efficiency and access where practical.

Key provisions

  • Amends multiple sections of Chapter 35 (magistrate courts) of the NMSA:
    • Dona Ana District (Section 35‑1‑10): Magistrate divisions will operate as a single court in Las Cruces and rotate to Anthony on a regular basis (removes regular riding to Hatch).
    • Lea District (35‑1‑16): Confirms four magistrates with divisions 1 & 2 operating as a single court in Hobbs; division 3 (Eunice) rides circuit to Hobbs as needed; division 4 in Lovington.
    • McKinley District (35‑1‑20): Divisions operate as a single court in Gallup (removes the prior riding circuit to Thoreau).
    • Rio Arriba District (35‑1‑24): Moves the magistrate circuit riding location from Chama to Tierra Amarilla as needed; this relocation is explicitly scheduled to take effect January 1, 2027.
    • Santa Fe District (35‑1‑29): Four magistrates operate as a single court in Santa Fe (removes scheduled riding to Pojoaque).
    • Torrance District (35‑1‑33): One magistrate with principal court in Moriarty (removes scheduled riding to Estancia).
  • The bill does not reduce the number of magistrate judges or judiciary personnel; it changes locations and riding patterns.

Note: Earlier committee amendments removed provisions that would have (1) closed Bayard and consolidated Grant divisions into Silver City and (2) consolidated San Juan divisions into Aztec; those provisions are no longer in the enacted version.

Who is affected

  • Local communities where magistrate court locations are closed or where magistrates will ride circuit less often (e.g., Hatch, Jal, Chama, Pojoaque, Thoreau, Estancia).
  • Judiciary operations (Administrative Office of the Courts, individual magistrate divisions).
  • Defense and prosecution offices (Law Offices of the Public Defender, District Attorneys) and indigent defendants — travel and access implications.
  • County governments and residents who may need to travel farther to appear in magistrate court.

Fiscal and operational impacts

  • Administrative Office of the Courts (AOC) reported lease and operating cost savings for locations being closed/relocated:
    • Chama: estimated lease cost >$64k (FY25) rising to ~$81.5k (FY27)
    • Hatch: ~$7,200 per year
    • Jal: ~$5,040 per year
    • Pojoaque, Thoreau, Estancia: no fiscal impact (nonoperational)
  • Legislative Finance Committee (LFC) / Fiscal Impact Report estimates:
    • FY26: at least $12.2 thousand reduction in operating costs (recurring)
    • FY27: at least $93.8 thousand reduction in operating costs (recurring)
    • Fiscal impacts to the Office of the Public Defender and District Attorneys are described as indeterminate but likely minimal; some travel‑time savings for defense and prosecution possible if remote appearance policies are adopted.
  • AOC also cited non‑monetary benefits: improved staff safety (single‑employee locations), reduced closures for staff absence, and potential reinvestment of savings into access initiatives (e.g., justice stations, expanded hours).

Timeline / procedural notes

  • Enacted by the Legislature and signed into law (dates in legislative history show passage in spring 2025 and signature).
  • Many district‑location changes are operationally set to begin January 1, 2027 (explicit in statute for Rio Arriba; other changes are reflected in amended statutory language and will govern future riding/operation patterns).
  • Committee activity: bill passed through relevant committees with amendments (House Judiciary Committee removed certain consolidations); reported favorably by Finance/other committees.

Significant issues / concerns

  • Access to justice: the Law Offices of the Public Defender expressed concern that moving or closing local magistrate sites may increase burdens on indigent clients (travel costs, difficulty appearing), possibly increasing bench warrants unless remote appearance options are expanded.
  • Security and staffing: AOC noted single‑employee locations pose security and continuity risks; consolidations aim to mitigate those risks.
  • No change in magistrate count: the number of judges and core judiciary staff remains unchanged; primary effects are logistical, location, and operating cost‑related.

If you want, I can prepare a one‑page map/list showing each affected community and the specific change (close, relocate, rotate) and the AOC’s estimated lease savings by location.

Compiled from official sources — confirm details with the bill’s official record.

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