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 […]
Section 36-1-22 – [Compromise, satisfaction or release by attorney general or district attorney.]
The attorney general and district attorneys of this state in their respective districts, when any civil proceedings may be pending in their respective districts, in the district court, in which the state or any county may be a party, whether the same be an ordinary suit, scire facias proceedings, proceedings growing out of any criminal […]
Section 36-1-23 – Terminated.
ANNOTATIONS Compiler’s notes. — The provisions of 36-1-23 NMSA 1978, as enacted by Laws 1981, ch. 85, § 1, have terminated of their own accord and have been deleted from the code. This section related to the office of special prosecutors.
Section 36-1-8.4 – District attorneys; assistants.
Within legislative appropriations, the district attorney in each judicial division may appoint necessary assistant district attorneys and other personnel and assign their duties. History: Laws 1981, ch. 25, § 3.
Section 36-1-9 – [Removal from office; grounds enumerated.]
Any district attorney may be removed from office according to the provisions of this act [36-1-9 to 36-1-17 NMSA 1978] on any of the following grounds: A. conviction of any felony or of any misdemeanor involving moral turpitude; B. failure, neglect or refusal to discharge the duties of the office, or failure, neglect or refusal […]
Section 36-1-10 – [Original jurisdiction of supreme court in removal proceedings.]
Charges of any of the causes for removal mentioned in Section 1 [36-1-9 NMSA 1978] hereof may be filed with the supreme court of the state of New Mexico, which is hereby given exclusive original jurisdiction of such matters, upon presentment by the governor, the attorney general or any regularly empaneled grand jury. Any such […]
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 […]