2018 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 1 - General Provisions
Section 34-1-9 - Salaries of justices, judges and magistrates.

A. Justices of the supreme court shall each receive an annual salary as provided by the legislature. The chief justice of the supreme court shall receive an annual salary that is two thousand dollars ($2,000) more than the annual salary of a justice of the supreme court.

B. The chief judge of:

(1) the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of the chief justice of the supreme court;

(2) a district court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of the court of appeals; and

(3) a metropolitan court shall receive an annual salary that is ninety-five percent of the annual salary of the chief judge of a district court.

C. The presiding magistrate of a magistrate district where three or more divisions operate as a single court shall receive an annual salary that is seventy-five percent of the annual salary of the chief judge of a metropolitan court.

D. Notwithstanding any other provision of law or any other provision of this section, the annual salaries of the following judges and magistrates shall be established as follows:

(1) a judge of the court of appeals shall receive an annual salary that is ninety-five percent of the annual salary of a justice of the supreme court;

(2) a district court judge shall receive an annual salary that is ninety-five percent of the annual salary of a judge of the court of appeals;

(3) a metropolitan court judge shall receive an annual salary that is ninety-five percent of the annual salary of a district court judge;

(4) a full-time magistrate shall receive an annual salary that is seventy-five percent of the annual salary of a metropolitan court judge;

(5) a half-time magistrate shall receive an annual salary that is fifty percent of the annual salary of a full-time magistrate; and

(6) a quarter-time magistrate shall receive an annual salary that is twenty-five percent of the annual salary of a full-time magistrate.

E. For fiscal year 1995 and all subsequent fiscal years, the annual salary for justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall be established by the legislature in an appropriations act.

F. No additional salaries shall be paid to justices, judges or magistrates on account of services rendered the state. Justices of the supreme court, judges of the court of appeals, district court judges, metropolitan court judges and magistrates shall receive per diem and mileage for necessary travel on official business of the court as provided in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978].

History: 1978 Comp., § 34-1-9, enacted by Laws 1993, ch. 278, § 1; 2004, ch. 101, § 3; 2007, ch. 170, § 1.

Cross references. — For provision that salaries of justices of supreme court are to be fixed by law, see N.M. Const., art. VI, § 11.

For legislature providing for compensation for district judges, see N.M. Const., art. VI, § 17.

For compensation of judges of court of appeals as provided by law, see N.M. Const., art. VI, § 28.

The 2007 amendment, effective June 15, 2007, increased the salary of the chief judge of a metropolitan court to ninety-five percent of the salary of a chief judge of a district court, and increased the salary of a metropolitan court judge to ninety-five percent of the salary of a district court judge.

The 2004 amendment, effective July 1, 2004, amended Subsection A to delete $77,250 and insert in its place "as provided by the legislature" and amended Subsection B to add the language in Paragraphs (2) through (4) relating to the annual salaries of district judges, metropolitan court judges and magistrate court judges.

Appropriations for judicial salaries are subject to governor's veto power. — Judicial salaries must annually be established by the legislature in an appropriations act, as set forth in Subsection E of 34-1-9 NMSA 1978, and are subject to the governor's partial veto authority. State ex rel. Cisneros v. Martinez, 2015-NMSC-001.

Governor's partial veto must eliminate the whole of an item to be valid. — Where the legislature provided for two separate judicial raises in two separate appropriations, the governor's partial veto of one appropriation failed to eliminate the second appropriation providing for judicial raises. State ex rel. Cisneros v. Martinez, 2015-NMSC-001.

It is not unconstitutionally unreasonable that different classes of judges receive different salaries. 1979 Op. Att'y Gen. No. 79-27.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges § 54 et seq.

48A C.J.S. Judges § 75 et seq.