2 of 3 judiciary pleas for money deferred

Board of Finance agrees to head off furloughs at Court of Appeals

SANTA FE — The state Board of Finance said no — for now — to two emergency funding requests from the New Mexico judicial branch on Tuesday but granted a third request by approving more than $21,000 to the Court of Appeals.

Court of Appeals Chief Justice Michael Vigil said the court was prepared to order unpaid furloughs of varying durations for its nearly 50 employees starting next week if the request had not been granted.

However, the Board of Finance postponed action on the two other requests: Roughly $825,000 in emergency funding for a jury and witness fund and $80,000 for the Supreme Court, which is also facing the possibility of furloughs.

Several board members, including Gov. Susana Martinez, said it should be the Legislature’s job to address funding levels for the judicial system.

“I think the burden should be on the Legislature,” Lt. Gov. John Sanchez said during Tuesday’s hearing at the state Capitol.

Meanwhile, Martinez told court officials they should look at other ways to come up with funding, including possibly pursuing legislation to reduce juror pay rates.

“I would very much support reducing that level,” said the two-term Republican governor, referring to the current rate of

$6.25 per hour for juror reimbursement — less than the state’s minimum wage — that she described as among the nation’s highest.

New Mexico’s court system has been grappling with increased caseloads in recent years and has already trimmed funding for drug courts and reduced its mileage reimbursement rates for judges and employees in response to ongoing state budget woes.

The latest cost-saving measures are being considered after lawmakers cut funding for the judiciary by 3 percent — or slightly more than $4.8 million — during a recent special session called to address the state’s budget shortfall. Other state agencies and programs also faced cuts under the special session solvency plan.

Court officials said Tuesday that they plan to ask the Legislature for short-term funding during the 60-day session that starts next month, but are not optimistic because the state is facing a $69 million projected deficit for the current budget year.

“I’m not brimming with confidence the Legislature will be able to provide some or all of that supplemental funding,” said Artie Pepin, the director of the Administrative Office of the Courts.

If funding is not provided by either legislators or at a future meeting of the Board of Finance, Pepin said, the judicial branch will have to delay payments to jurors starting in March — they would not be paid until July at the earliest — and enact furloughs for Supreme Court staffers but not judges.

However, Martinez accused courts officials of lacking “foresight” in budgeting and spending decisions, saying funding for the judicial branch has actually increased more rapidly in recent years than it has for most other state government agencies.

She also pointed out that a coalition of judges filed a lawsuit in 2014 challenging her veto of judicial pay raises approved by the Legislature. A panel of the Supreme Court eventually ruled that judges would get part, but not all, of the raises in question.