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, § […]
Section 36-1-2 – Assistants; appointment; revocation; duties.
Each district attorney in this state may appoint one or more suitable persons who shall be attorneys-at-law practicing their profession in this state and members of the bar of this state to be his assistants. Every appointment of an assistant district attorney shall be in writing under the hand of the district attorney and filed […]
Section 36-1-3 – District attorneys; travel expenses.
District attorneys and their employees shall be allowed per diem and shall be reimbursed for their necessary travel expenses incurred while absent from their district headquarters upon official business as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. These expenses shall be paid from the appropriation to the district attorney […]
Section 36-1-4 – District attorneys; limitation of private practice.
After January 1, 1977, no district attorney or assistant district attorney shall engage in the private practice of law. Violation of this section is ground for removal from office. History: 1953 Comp., § 17-1-3.1, enacted by Laws 1968, ch. 69, § 50; 1969, ch. 85, § 1; 1973, ch. 2, § 1; 1975, ch. 302, […]
Section 36-1-5 – District attorneys; assistants; investigators.
A. Within legislative appropriations, the district attorney in each judicial district may appoint: (1) necessary assistant district attorneys and other personnel and assign their duties; and (2) full-time staff as peace officers for the purpose of investigating and enforcing the criminal laws of the state, within the district attorney’s judicial district. B. Those staff appointed […]
Section 36-1-6 – District attorneys; salaries.
A. For fiscal year 2000, district attorneys who serve in a district that does not include a class A county within the district shall receive an annual salary of seventy-four thousand four hundred eighty-one dollars ($74,481) and district attorneys who serve in a district that includes a class A county within the district shall receive […]