reglab/housing_qa huggingface dataset:
NM Stat § 10-4-18 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-18 - [Duty of district attorney on receipt of evidence.]

Whenever sworn evidence is presented to the district attorney showing that any of the officers of the class provided for in this chapter are guilty of any of the matters herein mentioned as causes for removal, he must present the accusation to the court as provided in the next preceding section [10-4-17 NMSA 1978]. History: Laws 1909, ch. 36, § 19; Code 1915, § 3972; C.S. 1929, § 96-123; 1941 Comp., § 10-320; 1953 Comp., § 5-3-20. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Generally. — It is the duty of the district attorney to bring matter of complaint to attention of court by statement of the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common knowledge to know what is intended, and support such statement by the affidavit or affidavits of those having knowledge of the facts upon which cause for removal is based. State ex rel. Mansker v. Leib, 1915-NMSC-071, 20 N.M. 619, 151 P. 766. Filing accusation. — The district attorney cannot proceed in the matter of removal of county officials under this act (Sections 10-3-1, 10-4-1 to 10-4-29 NMSA 1978), unless sworn evidence has been presented to him, and unless he files an accusation supported by affidavit or affidavits, at a time when the grand jury of the county would not be in session within a period of twenty days, or at a time when the grand jury was not actually in session. State v. Awalt, 1916-NMSC-020, 21 N.M. 510, 156 P. 407. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 176.
NM Stat § 10-4-19 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-19 - [Presentment by district attorney; supporting affidavits; procedure.]

When the accusation is presented by the district attorney as provided in the preceding section [10-4-18 NMSA 1978], the same must be supported by sworn affidavit or affidavits, and the court must forthwith investigate the matter, and if a jury is in attendance at the time such accusation is presented, the court must order a citation to the defendant and thenceforth the case must proceed as provided in this chapter where the accusation is by a grand jury. History: Laws 1909, ch. 36, § 20; Code 1915, § 3973; C.S. 1929, § 96-124; 1941 Comp., § 10-321; 1953 Comp., § 5-3-21. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Cross references. — For presentment of grand jury accusation, see 10-4-5 NMSA 1978. Amended verification prohibited. — Where the verification of an accusation for the removal of a public officer is held insufficient by the trial court within twenty days of the time for the grand jury to meet, or while it is in session, the matter should be presented, and it is error to permit amended verifications. State v. Awalt, 1916-NMSC-020, 21 N.M. 510, 156 P. 407. Accusation distinguished from information. — Accusation to be presented to the court by the district attorney may be one based upon information of others and not a formal charge upon information of the district attorney. State ex rel. Mansker v. Leib, 1915-NMSC-071, 20 N.M. 619, 151 P. 766. Citation or order to show cause necessary. — Under the provisions of Section 10-4-5 NMSA 1978, a citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has the power to proceed to hear the matter of suspension. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 512.
NM Stat § 10-4-20 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-20 - [Procedure for suspension from office.]

If the accusation provided in this chapter, to be presented by the district attorney, is presented at a time when there is no jury in attendance or is presented to the court in vacation, the court, if it deems such action necessary, after ordering a citation to the defendant as provided in the next preceding section [10-4-19 NMSA 1978], may, on application of the district attorney, also order the defendant to appear at a time not less than five nor more than fifteen days after service of such order and at such place as may be mentioned in the order, to show cause why he should not be suspended from office until the matters and things alleged in the accusation have been judicially determined under the provisions of this chapter. History: Laws 1909, ch. 36, § 21; Code 1915, § 3974; C.S. 1929, § 96-125; 1941 Comp., § 10-322; 1953 Comp., § 5-3-22. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Cross references. — For presentment of accusation by district attorney, see 10-4-17 NMSA 1978. For deputy sheriff's commission being revoked by district judge, see 4-41-8 NMSA 1978. Citation or order necessary. — A citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has power to proceed to hear the matter of suspension. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197. Proceedings for removal and suspension are separate and distinct, and each requires its own citation as a basis for jurisdiction, although the latter is auxiliary to the former. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197. Jurisdiction of preliminary investigations. — District courts are without jurisdiction to entertain preliminary investigations except as provided in this section and Section 10-4-25 NMSA 1978, and jurisdiction assumed outside of these sections is properly restrained by a writ of prohibition. State ex rel. Harvey v. Medler, 1914-NMSC-055, 19 N.M. 252, 142 P. 376. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 504.
NM Stat § 10-4-21 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-21 - [Order of suspension.]

On the date provided in the order, if the defendant appears and offers proof, the court must hear the testimony presented by the district attorney and the defendant, and if in the judgment of the court there is reasonable ground to believe that the matters and things stated in the accusation will be established upon a trial, he may forthwith enter an order suspending the officer until after final hearing. History: Laws 1909, ch. 36, § 22; Code 1915, § 3975; C.S. 1929, § 96-126; 1941 Comp., § 10-323; 1953 Comp., § 5-3-23. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
NM Stat § 10-4-22 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-22 - [Effect of suspension order.]

The order of suspension shall operate to relieve the officer from all the duties of the office until the matter is finally determined, and he must forthwith vacate the office and turn over all moneys, books, papers and property belonging thereto to the party appointed to serve until such suspension is removed. History: Laws 1909, ch. 36, § 23; Code 1915, § 3976; C.S. 1929, § 96-127; 1941 Comp., § 10-324; 1953 Comp., § 5-3-24. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 108.
NM Stat § 10-4-23 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-23 - [Denial of motion to suspend; dismissal of proceedings.]

If the court concludes that there is not sufficient ground for suspending the officer, it may enter an order denying the motion to suspend him and hold the matter in statu quo until final hearing, or the court may, in its discretion, dismiss the proceedings. History: Laws 1909, ch. 36, § 24; Code 1915, § 3977; C.S. 1929, § 96-128; 1941 Comp., § 10-325; 1953 Comp., § 5-3-25. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
NM Stat § 10-4-24 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-24 - [Default of defendant; effect.]

If the defendant fails to appear and answer the order to show cause why he should not be suspended, the court may proceed in his absence as in this chapter provided. History: Laws 1909, ch. 36, § 25; Code 1915, § 3978; C.S. 1929, § 96-129; 1941 Comp., § 10-326; 1953 Comp., § 5-3-26. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
NM Stat § 10-4-25 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-25 - [Continuance; preliminary investigation required; suspension pending final adjudication.]

Nothing in this chapter shall operate to deprive any defendant of the right to a continuance in any case in which such right would attach in any criminal case as provided by law, but before any case shall be continued, upon application of the defendant, beyond the term of court at which the accusation is presented, or if such accusation is presented in vacation beyond the first term of court after presentment thereof the court may, upon application of the district attorney, make a preliminary investigation as provided in this chapter and suspend the officer, pending a final adjudication of the matters alleged in the accusation. History: Laws 1909, ch. 36, § 26; Code 1915, § 3979; C.S. 1929, § 96-130; 1941 Comp., § 10-327; 1953 Comp., § 5-3-27. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Jurisdiction of district courts. — The act (Sections 10-3-1, 10-4-1 to 10-4-29 NMSA 1978) confers jurisdiction upon the district courts to make preliminary investigations and suspend an officer pending outcome of accusation, before continuance beyond the term of court. State ex rel. Harvey v. Medler, 1914-NMSC-055, 19 N.M. 252, 142 P. 376. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
NM Stat § 10-4-26 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-26 - [Reinstatement of suspended officer.]

If upon final trial the defendant is found not guilty, he must be reinstated and the party serving during the time of his suspension must immediately vacate the office and return to the defendant all moneys, books, papers and other property in his hands as such officer. History: Laws 1909, ch. 36, § 27; Code 1915, § 3980; C.S. 1929, § 96-131; 1941 Comp., § 10-328; 1953 Comp., § 5-3-28. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 111, 114.
NM Stat § 10-4-27 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-27 - [Payment of salary after reinstatement; compensation of interim officer.]

If an officer has been suspended as provided in this chapter and reinstated after final trial, he shall receive pay for the entire time of his suspension, and the court may make an order to pay the officer serving during the time of such suspension, such reasonable compensation as his services warrant, which shall be paid out of a fund to be designated by the court. History: Laws 1909, ch. 36, § 28; Code 1915, § 3981; C.S. 1929, § 96-132; 1941 Comp., § 10-329; 1953 Comp., § 5-3-29. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Cross references. — For suspension of officer, see 10-4-25 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 114.
NM Stat § 10-4-28 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-28 - [Officer appointed for suspension period; oath and bond; filling vacancy after final removal.]

When any officer is suspended as provided in this act [chapter], the judge of said court shall appoint some qualified person to discharge the duties of such officer during the period of his suspension, which person shall take the oath and give the bond required of incumbents of such office, and in case the final judgment be for the removal of such accused officer before the expiration of his term, his successor shall be appointed in the manner provided by law for filling vacancies in such office. History: Laws 1909, ch. 36, § 29; Code 1915, § 3982; Laws 1915, ch. 21, § 1; C.S. 1929, § 96-133; 1941 Comp., § 10-330; 1953 Comp., § 5-3-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler to conform to the substitutions of "this chapter" for "this act" made by the 1915 Code compilers throughout this article. The bracketed insertion is not a part of the law. Compiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 74 to 79, 108.
NM Stat § 10-4-29 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-29 - [Exclusive method of removal.]

No officer belonging to the class mentioned in Section 10-4-1 NMSA 1978 can be removed from office in any manner except according to the provisions of this chapter. History: Laws 1909, ch 36, § 30; Code 1915, § 3983; C.S. 1929, § 96-134; 1941 Comp., § 10-331; 1953 Comp., § 5-3-31. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Injunction as remedy against removal, 34 A.L.R.2d 554. 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 506.
NM Stat § 10-5-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-1 - Definition.

Official of any local public body means every officer, deputy or employee of: A. every political subdivision of the state of New Mexico; B. the agencies, instrumentalities and institutions of every political subdivision of this state; and C. charitable institutions for which appropriations are made by the legislature. History: 1953 Comp., § 5-3-37.1, enacted by Laws 1957, ch. 254, § 1; 1979, ch. 281, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 2 to 4.
NM Stat § 10-5-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-2 - Power of secretary to suspend certain officials; grounds for suspension; secretary to take charge of office.

The secretary of finance and administration may summarily suspend any official of any local public body in all cases where an audit conducted by the state auditor, or by personnel of his office, or by an independent auditor employed or approved by the state auditor reveals any of the following: A. a fraudulent misappropriation or embezzlement of public money; B. fiscal management of an office resulting in violation of law or willful violation of the fiscal regulations of the department of finance and administration for every local public body; or C. willful failure to perform any duty imposed by any law which the secretary of finance and administration is charged with enforcing. Upon such suspension, the secretary of finance and administration may take charge of the office of the persons [person] suspended. History: 1953 Comp., § 5-3-37.2, enacted by Laws 1957, ch. 254, § 2; 1977, ch. 247, § 37; 1979, ch. 281, § 2; 1980, ch. 151, § 7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Scope includes county treasurer. — Since the county treasurer is a salaried public official, the suspension provisions of this section are applicable to anyone holding that office. Mata v. Montoya, 1977-NMSC-078, 91 N.M. 20, 569 P.2d 946. Am. Jur. 2d, A.L.R. and C.J.S. references. — Rights of state and municipal public employees in grievance proceedings, 46 A.L.R.4th 912. 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 504; 67 C.J.S. Officers and Public Employees §§ 108 to 111.
NM Stat § 10-5-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-3 - Hearing; testimony.

Within five days after such suspension or within such reasonable time as the person suspended may request, the secretary of finance and administration shall conduct a hearing for the person suspended. At such hearing the person suspended may show cause why such suspension should not be continued. The state auditor, and the employees of his office or the auditors employed by the state auditor to conduct the audit upon which suspension was based, shall appear at the hearing and give testimony. History: 1953 Comp., § 5-3-37.3, enacted by Laws 1957, ch. 254, § 3; 1977, ch. 247, § 38; 1979, ch. 281, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
NM Stat § 10-5-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-4 - Oaths; subpoenas.

The secretary of finance and administration is authorized to administer oaths to persons who testify at such hearing. The secretary may compel the attendance of any person whose testimony may be required or needed at such hearing, and to compel the production of books, papers, documents, records and data necessary thereto. The official requesting the hearing shall have the right to make timely request to the secretary that subpoenas for necessary and material witnesses or for the production of documents and papers be issued, and the same shall be issued. The secretary and such employees of the department as may be designated by the secretary are authorized to issue subpoenas for persons whose testimony is required, and subpoenas so issued shall be served by persons authorized by law to make such service in civil actions, and if served by a sheriff or deputy, such service shall be made without cost. History: 1953 Comp., § 5-3-37.4, enacted by Laws 1957, ch. 254, § 4; 1977, ch. 247, § 39. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
NM Stat § 10-5-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 281, § 7, repealed 10-5-5 NMSA 1978, relating to penalties.
NM Stat § 10-5-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-6 - Continuance of suspension after hearing; discontinuance of salary.

After such hearing, the secretary of finance and administration shall have discretion to continue such suspension for any of the causes above numbered, and if such suspension is continued no salary shall be received by such official during such suspension unless reinstated by the order of the district court as hereinafter provided. History: 1953 Comp., § 5-3-37.6, enacted by Laws 1957, ch. 254, § 6; 1977, ch. 247, § 40. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
NM Stat § 10-5-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 5 - Suspension of Certain Officials|Section 10-5-7 - Petition for reinstatement; order to show cause; result.

A. If after hearing before the secretary of finance and administration such suspension is continued, the person suspended shall have the right to appeal to the district court of the county where he was serving as an official within thirty days after entry of the order of suspension. B. Upon appeal, the court shall set aside an order of suspension only if it is found to be: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with the law. History: 1953 Comp., § 5-3-37.7, enacted by Laws 1957, ch. 254, § 7; 1977, ch. 247, § 41; 1979, ch. 281, § 4. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 108, 111, 114, 116.