Section 36-1A-7 – Board; duties.
The board shall: A. recommend to the district attorneys regulations necessary or appropriate to implement and administer the District Attorney Personnel and Compensation Act; B. determine the qualifications for each class specification or classification series, including required levels of education, experience, special skills and legal knowledge; C. prepare class specifications to be performed in each […]
Section 36-1A-1 – Short title.
This act [36-1A-1 to 36-1A-15 NMSA 1978] may be cited as the “District Attorney Personnel and Compensation Act”. History: Laws 1991, ch. 175, § 1. ANNOTATIONS Effective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
Section 36-1A-2 – Purpose of act; enactment under constitution.
The purpose of the District Attorney Personnel and Compensation Act is to establish for all district attorneys a uniform, equitable and binding system of personnel administration. The system shall be based solely on qualification and ability and will provide for classifications, compensation, fringe benefits, disciplinary procedures, appeal rights and other aspects of state employment. The […]
Section 36-1A-3 – Definitions.
As used in the District Attorney Personnel and Compensation Act: A. “appeal” means a formal request for a full hearing before the board or authorized hearing officer to review a disciplinary action solely involving suspension, demotion or termination of a covered employee in a district attorney’s office; B. “board” means the District Attorney Personnel Review […]
Section 36-1A-4 – Coverage of service; exemptions.
A. The District Attorney Personnel and Compensation Act shall cover all employees except only covered employees shall be entitled to utilize grievance procedures and the appeals provisions in Section 9 of the District Attorney Personnel and Compensation Act. B. The positions of attorney, district office manager and special program director are “at will” positions that […]
Section 36-1-17 – [No filing fee; taxation of costs.]
No docket fee or filing fee shall be required in any removal proceeding. Witness fees and other costs shall be taxed in such manner as may be determined by the court in its discretion. History: 1953 Comp., § 17-1-9.9, enacted by Laws 1955, ch. 180, § 9. ANNOTATIONS Bracketed material. — The bracketed material was […]
Section 36-1-18 – Duties of district attorney.
A. Each district attorney shall: (1) prosecute and defend for the state in all courts of record of the counties of his district all cases, criminal and civil, in which the state or any county in his district may be a party or may be interested; (2) represent the county before the board of county […]
Section 36-1-19 – Legal representation; state; county.
A. Except as provided in Subsections B and C of this section, no one shall represent the state or any county thereof in any matter in which the state or county is interested except the attorney general, his legally appointed and qualified assistants or the district attorney or his legally appointed and qualified assistants and […]
Section 36-1-20 – [Authority of district attorney before magistrate court.]
The district attorney may appear and represent the county or the state in any manner [matter] arising before the courts of justices of the peace [magistrate courts] or committing magistrates when in his opinion the interests of the people demand his services. History: Laws 1909, ch. 22, § 3; Code 1915, § 1861; C.S. 1929, […]
Section 36-1-21 – [Aiding defense; penalty against attorney general or district attorney; removal from office; exceptions; taking case in which state or county interested prohibited.]
If the attorney general or any district attorney shall consult with any accused defendant, or in any other manner shall aid the defense of any person accused of any crime or misdemeanor in this state, he shall be fined in the sum of not less than five hundred dollars ($500) and shall be removed from […]