Section 36-1-23.1 – Special prosecutors in conflict cases.
Each district attorney may, when he cannot prosecute a case for ethical reasons or other good cause, appoint a practicing member of the bar of this state to act as special assistant district attorney. Any person so appointed shall have authority to act only in the specific case or matter for which the appointment was […]
Section 36-1-24 – Terminated.
ANNOTATIONS Compiler’s notes. — The provisions of 36-1-24 NMSA 1978, as enacted by Laws 1981, ch. 85, § 4, have terminated of their own accord and have been deleted from the code. This section related to the misuse of funds appropriated to try cases that arose from the riots at the state penitentiary in February, […]
Section 36-1-25 – Administrative office of the district attorneys created; director; personnel.
A. There is created the “administrative office of the district attorneys,” which shall be supervised by a director who shall be appointed by majority vote of the elected or appointed district attorneys and serve at their pleasure. B. The director may, within legislative appropriations, appoint necessary personnel and assign their duties. History: Laws 1984, ch. […]
Section 36-1-11 – [Attorney general to prosecute removal proceedings; exceptions.]
All charges so presented to the court shall be prosecuted by the attorney general unless he should decline to act, or the governor, in the case of presentment by him, shall request the designation of another attorney; in either of which events the court will appoint another attorney. History: 1953 Comp., § 17-1-9.3, enacted by […]
Section 36-1-12 – [Service upon accused; appearance and answer.]
Upon any such presentment, the court shall make and enter its order directing service upon the accused and specifying the time for appearance and answer. History: 1953 Comp., § 17-1-9.4, enacted by Laws 1955, ch. 180, § 4. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of […]
Section 36-1-13 – [Contents and nature of answer.]
Within the time prescribed in such order, the accused may by way of answer, object to the sufficiency of any charge or specification or deny the truth thereof. Any charge or specification legally sufficient and not denied shall be taken as admitted. History: 1953 Comp., § 17-1-9.5, enacted by Laws 1955, ch. 180, § 5. […]
Section 36-1-14 – [Hearing and determination when defendant fails to appear.]
If the accused shall not appear, the court will proceed to hear and determine the charges in his absence. History: 1953 Comp., § 17-1-9.6, enacted by Laws 1955, ch. 180, § 6. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Section 36-1-15 – [Issues to be tried without jury; applicability of Rules of Civil Procedure; burden of proof.]
The issues shall be tried to the court without a jury. So far as they may conveniently be applied and except as varied herein, the Rules of Civil Practice and Procedure in the District Courts shall govern the conduct of the trial, including compulsory attendance of witnesses, examination of witnesses, the admissibility of evidence and […]
Section 36-1-16 – [Decision of court to be final.]
The decision and judgment of the court shall be final. History: 1953 Comp., § 17-1-9.8, enacted by Laws 1955, ch. 180, § 8. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Section 36-1-8.3 – District attorneys; election; residence.
The district attorney in division 1 shall be elected by the qualified electors of San Juan county and the district attorney in division 2 shall be elected by the qualified electors in McKinley county. Each district attorney shall have all the duties and powers vested in a district attorney. History: Laws 1981, ch. 25, § […]