2018 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 6 - District Courts
Section 34-6-35 - Finance; payment of expenses.

A. All money for the operation and maintenance of the district courts, including the children's and family court divisions, shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers of the district judges and in accordance with budgets approved by the administrative office of the courts and the state budget division of the department of finance and administration. In judicial districts having more than one district judge, vouchers shall be approved by the presiding judge of the district or his authorized representative.

B. The district judge may authorize the establishment of a checking account, designated as the "District court special operations account," in a federally insured bank. In accordance with budgeting requirements, warrants of the secretary of finance and administration may be deposited to the district court special operations account, and checks on the account may be written by the district judge or his authorized representative for payment of:

(1) jury fees and expenses;

(2) witness fees and expenses; and

(3) petty cash expenses.

History: 1953 Comp., § 16-3-23, enacted by Laws 1968, ch. 69, § 37; 1972, ch. 97, § 48; 1977, ch. 247, § 146.

Cross references. — For the jury and witness fee fund, see 34-9-11 NMSA 1978.

Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-23, 1953 Comp., relating to limitation on levy of tax for court maintenance.

Compiler's notes. — The attorney general's opinions noted below were issued under former provisions somewhat similar to this section; the notes have been placed here for the light they may shed on the present statutes.

Projected need is criterion for payments to counties from state. — Under former law, the criterion to be employed by the state board of finance in authorizing payments from the state court fund to counties making application for such funds was projected need. 1964 Op. Att'y Gen. No. 64-52-A.

Expenditures from court funds are in the jurisdiction of the various courts. 1957-58 Op. Att'y Gen. No. 58-110.

Meals and lodging for jury and deputies may be paid. — All expenses incurred in actual conduct of the court, including meals and lodging for jurors and extra deputies, are considered as court expenses which are payable from the court fund upon written allowance by the court. 1937-38 Op. Att'y Gen. No. 37-1769. See now Section 34-6-41 NMSA 1978.

Judge may be reimbursed for expenses of successful defense of civil action. — A district judge should be reimbursed for expenses incurred in defending a civil suit brought against him for acts committed in his capacity as a district judge if he is successful in defending himself. If, however, he is not successful in defending himself, it follows that he must have acted through malice or other improper motive, or acted completely without jurisdiction, and in that case he should bear the costs of his action himself. 1957-58 Op. Att'y Gen. No. 57-128.

District attorney's office rent may be paid. — The legislature intended to give the court a wide discretion in the use of the fund for any purpose connected with the administration of justice. Though in a strict sense the district attorney is not a part of the court, he is a part of the judicial system of the state, and a state, not county, officer. Rent for his office space may properly be paid out of one or more of the various court funds in the district, in the discretion of the court. The discretion of the district judge is limited to purposes connected with the administration of justice. 1939-40 Op. Att'y Gen. No. 40-3383.

Expense reimbursement for out-of-state conference. — A district attorney may attend an out-of-state conference which is concerned with law enforcement problems, financed out of district court funds, without the approval of the state comptroller. 1957-58 Op. Att'y Gen. No. 57-64.

Additional compensation to clerk. — In case it became necessary to the proper administration of the court to pay court clerks more than the budgeted salary, an additional payment could be made from the court fund, as the former statute places a wide discretion in the district judge in the expenditure of court funds. 1945-46 Op. Att'y Gen. No. 45-4708.

Court reporter's charge for workmen's compensation transcript. — Where the transcript of testimony is furnished without cost to a workmen in a workmen's compensation case, the district court, in its discretion, can pay the court reporter for the preparation of such transcript. 1969 Op. Att'y Gen. No. 69-37.

Retirement contributions for probation officers. — The court fund of each county in New Mexico is the probable source from which contributions for probation officers shall be paid to the public employees' retirement board, although there is no prohibition from paying from other funds. 1955-56 Op. Att'y Gen. No. 55-6291.

Post mortem expenses. — The expenses of post mortem examinations may be paid out of the court fund in cases where they are necessary to obtain evidence in homicide cases, if in the discretion of the court they should be so paid. 1937-38 Op. Att'y Gen. No. 37-1806.

Expenses for transporting convicts. — Expenses of transportation of those sentenced to the reform school were chargeable to the court fund of the county committing such person. 1912-13 Op. Att'y Gen. No. 13-1064.

Expert witnesses' fees could not be paid from county fund. — No statutory provision authorized the payment of expert witnesses for their professional services from the county court funds. 1909-12 Op. Att'y Gen. 78.

Nor could criminal investigation expenses be paid from state court fund. — When it used the phrase "trial of criminal cases," the legislature contemplated the submission of the issues to a court, the proceedings in court, the hearing of evidence and the final determination of the cause. This does not include the preparatory or investigative phases of a criminal trial, such as audits, depositions, laboratory tests and the like, but it does include such expenses as witness fees and jury fees. To hold otherwise would open the state court fund to use for investigative acts that might never be used in a criminal trial. While investigation and preparation are essential to any trial, the state court fund may not be disbursed to pay for them, but may only be disbursed for expenses directly attributable to the presentation of a criminal trial at a hearing in court. 1959-60 Op. Att'y Gen. No. 60-224 (rendered under prior law).

Juvenile court duties statutorily uncompensated. — The court fund may not be spent for juvenile court duties conferred by statute when such duties are statutorily uncompensated. Faced with deciding whether the legislature intended not to compensate, or whether an unintentional commission was made, the failure to compensate was held purposeful. This does not apply to additional duties assumed by the court clerk at the court's request, for the proper administration of justice, when such duties are not statutorily conferred - and when such duties are performed, in the court's discretion, provision for payment out of the court fund may be made. 1957-58 Op. Att'y Gen. No. 57-181.