Each district attorney shall, within sixty days after his election, qualify by filing in the office of the secretary of state, an oath of office as prescribed for other officers and a good and sufficient bond to be approved by a justice of the supreme court in the sum of five thousand dollars [($5,000)]. History: […]
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 […]
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 […]
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 […]
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. […]
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.
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 […]
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.
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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.
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 […]
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, […]
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. […]
The director of the administrative office of the district attorneys shall, under the supervision of the elected or appointed district attorneys: A. assist in the preparation and presentation of fiscal and budgetary matters to the department of finance and administration, the legislative finance committee and the legislature; B. prepare personnel pay plans and develop a […]
ANNOTATIONS Repeals. — Laws 1989, ch. 324, § 45 repealed 36-1-27 NMSA 1978, as enacted by Laws 1984, ch. 110, § 3, relating to creation of district attorney fund, effective July 1, 1990.
