The new courthouse has become entangled in a dispute between the Martinez administration and the judiciary over whether it's the responsibility of the state or counties to pay for furniture and computer equipment in new district court buildings. District courts are part of the state's judiciary, handling civil and criminal cases.
The governor vetoed nearly $1.4 million for the courthouse furnishings earlier this year, contending that Santa Fe County should pick up that tab. The county issued bonds for construction of the building and the judiciary maintains it's been a long-standing practice in New Mexico for the state to pay for furnishing new courthouses.
The Board of Finance, which is headed by the governor, approved $250,000 on Wednesday to help buy furniture for the 1st Judicial District courthouse, which will be completed this month. However, that's not enough for court personnel to move into the building.
"We're just getting caught in the crossfire," Chief Judge Raymond Ortiz said after the meeting.
Administrative Office of the Courts Director Arthur Pepin said the building can't be occupied without an additional $400,000 for furniture and
Martinez encouraged Pepin and Chief Judge Raymond Ortiz to negotiate with the county for money to allow court personnel to move in early next year.
Ortiz said the courthouse will remain vacant until June or July if the county doesn't pay for the furnishings and the judiciary has to wait for the Legislature to provide the money. Lawmakers convene in January for a 60-day session and a state budget measure is typically one of the final pieces of legislation that is approved.
The district court serves Santa Fe, Rio Arriba and Los Alamos counties, but Ortiz said it's required to handle many cases that don't go to other courts, such as those involving state government agencies.
Santa Fe County Manager Katherine Miller said in a statement that she was working with the county commission "to see if there is a way we can partner with the state and the judiciary on resolving this issue."
If the courthouse sits vacant, Pepin said, it will be the county's responsibility to maintain the empty courthouse until it can be occupied.
Ortiz said furniture in the current courthouse is in poor condition —some of it nearly 30 years ago—and can't be used in the new building.
The outcome of the courthouse dispute is being closely watched by counties across New Mexico as a possible precedent for what might happen when other district court buildings are replaced in the future.
"We are concerned about this issue. We believe that the furnishings are the responsibility of the state," Paul Gutierrez, executive director of the New Mexico Association of Counties, said in a statement. "We believe this would be a significant shift in policy and impact the counties' budgets."
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