Legislative Update
April 3, 2001
Governor Johnson signs Senate Bill 584 (Adair)
Senate Bill 584, sponsored by Rod Adair (R-Roswell)
was signed into law Monday. The bill raises the dollar
limit for civil cases which can be heard in magistrate
court (or in metropolitan court in Albuquerque). Effective
July 1 that limit will be $10,000. It is currently $7,500.
A 1999 bill, also sponsored by Senator Adair, raised
the limit from $5,000 to $7,500. The trying of these
cases is commonly known as "small claims court."
This is another instance in which the senator from Roswell
is attempting to make the courts, and the legal system
itself, "friendlier" to the average citizen.
"The fact is," said Adair, "prior to
1999 any claims between $5,000 and $10,000 were almost
not worth pursuing." To do so meant getting on
the State District Court docket. "At that level
it becomes very difficult to represent oneself (known
as pro se), so a claimant has to hire a lawyer."
There is almost no proceeding which does not cost at
least $5,000 in legal fees--usually paid up front. "So,"
Adair added, "a person could win a judgment of
$5,000, but walk away with absolutely nothing after
legal fees were paid." The two bills sponsored
by Senator Adair have corrected that inequity.
Over the last two 60-day sessions, Adair has been able
to bring small claims court into the modern world. In
1966 when New Mexico did away with the old Justice of
the Peace system, an amount not in excess of $2,000
could be heard before a JP. Today, in constant dollars
that would be equal to $10,518. "We have worked
to ensure the taxpayer is being protected against the
ravages of inflation---at least as far as small claims
court is concerned," Adair concluded. "I appreciate
Governor Johnson's support on this issue, as well as
that of my colleagues on both sides of the aisle."
The bill passed the Senate 19-7 and the House 65-0.
Adair cited House Judiciary Chairman, Representative
W. Ken Martinez, D-Grants, as playing a key role in
getting the bill through the House of Representatives.
He also noted that Representative Kiki Saavedra, D-Albuquerque,
went out of his way to ensure the bill was voted on
by the full House at about 11:15 AM on the last morning
of the session, 45 minutes before adjournment. "I
very much appreciate my Democrat colleagues for their
conscientious efforts on behalf of this legislation,"
Adair said.