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May 23, 2012
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New Mexico
Overview
New Mexico is a state-funded system. The county pays for the courthouses.
New Mexico’s appropriation was reduced from $134 million in FY11 to $131 million in FY12. Its FY 11 appropriation was increased during the fiscal year by $500,000 in one-time federal stimulus (ARRA) funds. Those funds are not in the FY12 appropriation. The New Mexico courts will be able to add a judge in one judicial district , but the new judgeship will be paid for by reducing the number of staff and spending on operating costs in that district (there is no new funding for the judgeship).
To reduce spending the New Mexico courts have reduced hours of operation; public hours at almost all courts have been reduced, increasing waiting times when courts are open to the public.. As a result of reduced payroll appropriations, courts have delayed filling judicial vacancies and vacancies in the clerks’ offices and in judicial support positions. New Mexico is maintaining a vacancy rate in authorized positions of more than 11%, requiring more work from fewer employees and slowing services at all levels. Some courts have also had to lay off staff.
New Mexico has had to eliminate some problem-solving courts (drug courts, mental health courts) and has had to reduce enrollments in almost all such programs.
In FY12, the New Mexico Supreme Court exercised authority given in the budget to reduce juror pay for FY 2012 (juror pay is set by statute). By Supreme Court order, juror pay for FY 2012 will be $6.25 per hour instead of $7.50 per hour.
Required contributions to pensions have risen 3.25% for employees and judges with no compensation increases since FY 2008. The net effect is a 3.25% reduction in paychecks. Despite declining paychecks, employees have maintained essential services.
The New Mexico courts have implemented a number of technology initiatives.
E-filing for civil and probate cases in a pilot district has been a tremendous time-saver as these documents integrate into the new electronic case management system. By October 2011 (FY 2012), those efficiency gains will be realized in the largest and in the third largest districts, with adoption in all other districts during FY 2012 and FY 2013.
Criminal e-filing will begin in at least some districts in FY 2012; e-citations will arrive in FY 2012.
About half of New Mexico’s courts are operating under a new case management system and all remaining courts will be doing so by the end of calendar 2012. The new system is tremendously more efficient and allows for e-filing and electronic document management of e-filed documents with scanning of paper documents.
By the end of FY 2013, all courts will be largely paper-on-demand in most civil and criminal case types.
Video conferencing for courts has saved travel time and funds. The courts are looking at expanding use of video for testimonial hearings.
The New Mexico Judiciary is currently engaged in a reengineering process with the assistance of the National Center for State Courts. During the reengineering process, courts began to adopt programs and practices they learned other courts had implemented, including specialized foreclosure practices and expanded video arraignment practice. It is expected that a permanent best practices committee will be established by the Supreme Court to identify best practices, share information, and recommend adoption of statewide practices.
The legislature appropriated to the Administrative Office of the Courts a small fund to be used as a reserve in order to prevent additional layoffs or furloughs in FY 2012. This has never before been done, leaving the AOC with broad discretion to administer the funds throughout the judicial branch in order to best manage appropriations statewide.
The continuing reductions in appropriations to courts, especially as the very small amount of ARRA (federal stimulus) funds available in FY 2011 will not be available in FY 2012, means courts have to try to do more with less. After several years of declining appropriations, New Mexico has reached the point where courts really will have to do less with less. On the other hand, efficiency gains from the new case management system that is now operating for about half of the cases filed statewide, and which will operate for all cases by the end of calendar 2012, make it possible for courts to accomplish efficiency gains and thus provide better service even though they average a vacancy rate of more than 11%. The New Mexico courts are implementing e-filing for civil and probate cases and are transitioning to an electronic document management system (EDMS) instead of paper files. The new case management system, especially in conjunction with e-filing and the EDMS, will provide significant efficiency gains in the clerks' offices and for the judges who take full advantage of the system.
Reports and Articles
Peter St. Cyr.
"Public Defenders Struggle with Furloughs."
The New Mexio Independent. December 16, 2009.
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