Chapter 36 — Chapter 36

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 tho…

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 att…

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 …

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.

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.…

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.

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 comp…

The decision and judgment of the court shall be final. History: 1953 Comp., § 17-1-9.8, enacted by Laws 1955, ch. 180, § 8.

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.

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…

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 hi…

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…

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, …

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 cr…

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 …

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 o…

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 t…

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 …

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 legi…

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.

A. The "district attorney fund" is created in the state treasury. The fund shall consist of worthless check fees, preprosecution diversion fees, other statutory revenues directed to the fund, appropriations, gifts, grants and donations. B. Money in the fund is appropriated to the…

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]. Th…

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…

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 …

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 inc…

No district attorney shall receive to his own use any salary, fees or emoluments other than the salary and per diem and travel allowances prescribed by law. History: Laws 1913, ch. 54, § 2; Code 1915, § 1870; C.S. 1929, § 39-202; 1941 Comp., § 17-104; 1953 Comp., § 17-1-4; Laws 1…

A. The salaries of all district attorneys, assistant district attorneys and other employees of their offices shall be paid from the time when the district attorney or assistant district attorney qualifies and from the time when other employees begin their duties. B. All salaries …

Each board of county commissioners shall provide adequate quarters for the operation of the district attorney and provide necessary utilities and maintenance service for the operation and upkeep of district attorney facilities. History: Laws 1980, ch. 4, § 2.

The eleventh judicial district is divided into two separate district attorney divisions which shall constitute two separate election divisions, as follows: A. district attorney division 1, to be composed of San Juan county; and B. district attorney division 2, to be composed of M…

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 distric…

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.

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 dut…

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.

The board or the state-personnel-office-designated hearing officer has the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by the District Attorney Personnel and Compensation Act. Ref…

coverage. A. The district attorneys shall establish a compensation plan for all employees of district attorneys. Before being implemented, the compensation plan shall be reviewed by the legislative finance committee and approved by the department of finance and administration. Th…

The district attorneys as a group shall: A. adopt and promulgate regulations to effectuate the provisions of the compensation plan for all employees; B. conduct periodic reviews of the regulations, classification series and compensation ranges to ensure that applicable federal ac…

All current employees holding covered positions affected by the District Attorney Personnel and Compensation Act shall be continued in their positions and shall be recognized as covered employees if they have held the position for at least six months prior to the effective date o…

Existing personnel rules, policies and compensation plans for the employees shall remain in full force and effect until new rules, policies and pay plans are established pursuant to the District Attorney Personnel and Compensation Act. History: Laws 1991, ch. 175, § 14.

When the provisions of any laws of the United States or any rule, order or regulation of any federal agency or authority providing federal funds for use in the state, either directly or indirectly or as a grant-in-aid, to be matched or otherwise, impose as a condition for the rec…

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, …

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 di…

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 a…

There is created the "district attorney personnel review board". The board shall consist of five district attorneys, including a president, vice-president, secretary- treasurer and two voting members, all elected annually by the district attorneys. History: Laws 1991, ch. 175, § …

Each board member shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] when traveling on board business directly related to the District Attorney Personnel and Compensation Act. History: Laws 1991, ch. 175, § 6.

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…

A. Personnel rules shall be promulgated by the district attorneys and shall be effective when filed as required by law. B. The personnel rules of the district attorneys shall include provisions governing: (1) a classification plan for all positions; (2) a compensation plan for al…

review. A. A covered employee who is dismissed, demoted or suspended may, within thirty days after the dismissal, demotion or suspension, appeal to the board. The appellant and the agency whose action is reviewed shall have the right to be heard publicly and to present facts pert…

supreme court; distribution; effective date.] The supreme court of the state of New Mexico shall, by rules promulgated from time to time, define and regulate the practice of law within the state of New Mexico. The supreme court shall cause such rules to be printed and distributed…

It is the duty of an attorney-at-law: A. to support the constitution and the laws of the United States and of this state; B. to maintain the respect due to courts of justice and judicial officers; C. to counsel or maintain no other action, proceeding or defense than those which a…