reglab/housing_qa huggingface dataset:
NM Stat § 36-1-4 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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, § 1. ANNOTATIONSCross references. — For grounds for removal of district attorneys from office generally, see 36-1-9 NMSA 1978. For restrictions on practices of attorneys who are partners of, or related to, district attorneys, see 36-2-20 NMSA 1978. Purpose of this section and 36-1-19 NMSA 1978 is to prevent an attorney engaged in the performance of public duties from being influenced or appearing to be influenced, by personal or private interests. The potential for conflict between public and private interests exists whether the legal services rendered consist of court appearances or other legal services. 1977 Op. Att'y Gen. No. 77-7. Section is mandatory in quality and provides no alternative to the disability imposed. 1957 Op. Att'y Gen. No. 57-71. When individual is actually serving as assistant district attorney he is subject to the statutory disability. Once his term of office terminates, his disability ceases. 1957 Op. Att'y Gen. No. 57-71. Applicability of disability to part-time assistant district attorney. — If the nature of the appointment is such as to be of a continuing nature, meaning that the so-called part-time assistant district attorney is held to be, at times, an assistant district attorney serving without pay, then said individual would be subject to the disability of the section. On the other hand, if the individual selected as a part-time assistant district attorney serves only between two specified dates and then is no longer an assistant district attorney, the disability of the section would not apply. 1957 Op. Att'y Gen. No. 57-71. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 16, 17, 21, 39. Constitutionality and construction of statute against public attorney representing private person in civil action, 82 A.L.R.2d 774. Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 A.L.R.3d 562. 27 C.J.S. District and Prosecuting Attorneys §§ 7, 12(9).
NM Stat § 36-1-5 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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 as peace officers pursuant to the provisions of Paragraph (2) of Subsection A of this section shall comply with the certification provisions of Section 29-7-8 NMSA 1978 [repealed]. History: 1953 Comp., § 17-1-3.3, enacted by Laws 1968, ch. 69, § 52; 1988, ch. 92, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1993, ch. 255, § 11 repealed 29-7-8 NMSA 1978 effective July 1, 1993. Assistant district attorneys. — Attorney who was part of the Medicaid Providers Fraud Control Unit and was appointed a special assistant district attorney could not prosecute a criminal sexual penetration case for a local district attorney, where the state conceded there was no reason why the district attorney could not have prosecuted the case. State v. Hollenbeck, 1991-NMCA-060, 112 N.M. 275, 814 P.2d 143. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 10 to 14, 19, 42. 27 C.J.S. District and Prosecuting Attorneys §§ 27 to 31.
NM Stat § 36-1-6 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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 an annual salary of seventy-eight thousand four hundred one dollars ($78,401). B. For fiscal year 2001 and all subsequent fiscal years, the annual salary for district attorneys shall be established by the legislature in an appropriations act. History: 1953 Comp., § 17-1-3.4, enacted by Laws 1976 (S.S.), ch. 18, § 1; 1978, ch. 173, § 1; 1980, ch. 132, § 1; 1982, ch. 31, § 1; 1986, ch. 49, § 8; 1988, ch. 136, § 6; 1990, ch. 117, § 1; 1995, ch. 168, § 1; 1999 (1st S.S.), ch. 7, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1976 (S.S.), ch. 18, § 1, repealed former 17-1-3.4, 1953 Comp., relating to salaries of district attorneys, and enacted a new 17-1-3.4, 1953 Comp. The 1999 amendment, effective May 21, 1999, combined former Subsections A and B into present Subsection A, raising the salaries of all district attorneys, and added present Subsection B. The 1995 amendment, effective June 16, 1995, substituted "seventy thousand two hundred sixty-five dollars ($70,265)" for "sixty four thousand one hundred twenty five dollars ($64,125)" in Subsection A, and substituted "seventy-three thousand nine hundred sixty-three dollars ($73,963)" for "sixty seven thousand five hundred dollars ($67,500)" in Subsection B. The 1990 amendment, effective May 16, 1990, rewrote this section which read "District attorneys shall receive a salary of forty-seven thousand five hundred eighty-six dollars ($47,586) a year."
NM Stat § 36-1-7 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-7 - District attorneys; salary and allowances exclusive.

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 1968, ch. 69, § 53. ANNOTATIONSLegal services for board of county commissioners. — There are no legal services that can be rendered by a district attorney for a board of county commissioners for which he may exact extra compensation. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282. Fees and compensation of assistant district attorneys. — District attorneys are precluded from receiving fees or compensation other than the salary provided by law for services rendered the counties of their district. The duties of assistant district attorneys are the same as those imposed on district attorneys, and the inhibition applies to those officials as well. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 18, 41. 27 C.J.S. District and Prosecuting Attorneys § 22.
NM Stat § 36-1-8 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-8 - District attorneys; payments of salaries and expenses.

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 and expenses of the offices of the district attorneys, except the expenses of maintenance and upkeep of quarters occupied by the district attorneys and their staffs, shall be paid from funds appropriated to the district attorneys in the respective judicial districts upon warrants drawn by the secretary of finance and administration in accordance with budgets approved by the state budget division of the department of finance and administration. C. Nothing in this section shall be construed to prevent an agreement between an incorporated municipality or a county and a district attorney whereby the district attorney agrees to assign an assistant to the municipality or county and the municipality or county agrees to reimburse the department of finance and administration to the credit of the district attorney's budget for all or a portion of the assistant's salary or expenses. D. The provisions of this section shall not be interpreted to prevent a district attorney from contracting with an Indian nation, tribe or pueblo within the boundaries of the district attorney's judicial district for the purpose of authorizing the district attorney or his staff to: (1) serve as a tribal prosecutor; or (2) prosecute alleged violations of tribal codes by tribal members in tribal courts. E. If a district attorney enters into a contract, as provided in Subsection D of this section, the district attorney shall be reasonably compensated for the expenses of staff and equipment. History: Laws 1913, ch. 54, § 3; Code 1915, § 1871; Laws 1925, ch. 120, § 4; C.S. 1929, § 39-203; 1941 Comp., § 17-105; Laws 1945, ch. 73, § 2; 1949, ch. 102, § 2; 1951, ch. 125, § 2; 1953, ch. 89, § 2; 1953 Comp., § 17-1-5; Laws 1968, ch. 69, § 54; 1975, ch. 302, § 3; 1977, ch. 247, § 148; 1980, ch. 4, § 1; 2001, ch. 178, § 1. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, inserted subsection designations A, B, and C, and added Subsections D and E. Payment of expenses of civil litigation. — A district attorney may use funds appropriated pursuant to Subsection B of Section 36-1-8 NMSA 1978 to pay litigation expenses incurred in a civil damages action. 2008 Op. Att'y Gen. No. 08-04. Condemnation actions. — Where a district attorney or his assistants have incurred actual expenses while engaged in carrying out their duties in participating in condemnation actions brought by a county to condemn a right-of-way for portions of a new highway, these expenses should be paid out of the court fund of the county seeking to acquire such right-of-way. 1963-64 Op. Att'y Gen. No. 63-79.
NM Stat § 36-1-8.1 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-8.1 - District attorney facilities; maintenance and upkeep.

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.
NM Stat § 36-1-8.2 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-8.2 - Eleventh judicial district; two district attorney divisions.

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 McKinley county. History: Laws 1981, ch. 25, § 1; 1993, ch. 336, § 1. ANNOTATIONSCompiler's notes. — In Tsosie v. King, No. CIV 91-0905-M, in paragraph 6 of an order dated January 7, 1993, the United States District Court for the District of New Mexico provides that for district attorney elections after 1992, the Eleventh Judicial District will be divided into two separate election divisions, one division composed of McKinley County and one division composed of San Juan County, and the qualified registered electors in each division will elect one district attorney from that division. Nothing in the order shall affect the jurisdiction and powers of the Eleventh Judicial District district attorneys under current law and practice. The order further provides that enactment by the New Mexico Legislature during its 1993 session and approval by the Governor of legislation creating the electoral divisions and otherwise consistent with the provisions of paragraph 6 shall meet the requirements of that paragraph. See 1993 amendment of this section and 36-1-8.3 NMSA 1978. The 1993 amendment, effective June 18, 1993, inserted "which shall constitute two separate election divisions" in the introductory language.
NM Stat § 36-1-8.3 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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, § 2; 1993, ch. 336, § 2; 2019, ch. 212, § 234. ANNOTATIONSThe 2019 amendment, effective April 3, 2019; deleted "registered" preceding each occurrence of "qualified electors".The 1993 amendment, effective June 18, 1993, substituted "The district attorney in division 1" for "Each district attorney" at the beginning of the section, and divided the former provisions into two sentences by substituting the language beginning "San Juan county" at the end of the present first sentence and "Each district attorney" at the beginning of the present second sentence for "the eleventh judicial district and".
NM Stat § 36-1-8.4 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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.
NM Stat § 36-1-9 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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 to discharge any duty devolving upon the officer by virtue of his office; C. knowingly demanding or receiving illegal fees as such officer; D. failure to account for money coming into his hands as such officer; E. gross incompetency or gross negligence in discharging the duties of the office; F. any other act or acts, which in the opinion of the court amount to corruption in office or gross immorality rendering the incumbent unfit to fill the office. History: 1953 Comp., § 17-1-9.1, enacted by Laws 1955, ch. 180, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For engaging in private practice of law by district attorney as ground for removal from office, see 36-1-4 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 16, 39. 27 C.J.S. District and Prosecuting Attorneys § 7.
NM Stat § 36-1-10 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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 grand jury presentment shall be immediately certified to the supreme court by the clerk of the district court where such presentment is filed. History: 1953 Comp., § 17-1-9.2, enacted by Laws 1955, ch. 180, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 36-1-11 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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 Laws 1955, ch. 180, § 3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 36-1-12 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 36-1-13 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 36-1-14 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 36-1-15 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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 the amendment of pleadings. Upon the issues the burden of proof shall be upon the prosecution. History: 1953 Comp., § 17-1-9.7, enacted by Laws 1955, ch. 180, § 7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Rules of Civil Procedure for District Courts, see Rule 1-001 NMRA et seq.
NM Stat § 36-1-16 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 36-1-17 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-17 - [No filing fee; taxation of costs.]

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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 36-1-20 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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, § 39-110; 1941 Comp., § 17-113; 1953 Comp., § 17-1-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished and all jurisdiction, powers and duties were transferred to magistrate courts. See 35-1-38 NMSA 1978. Law reviews. — For annual survey of New Mexico criminal procedure, see 16 N.M.L. Rev. 25 (1986).
NM Stat § 36-1-21 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|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 office by judgment of the court if convicted of the charge. Provided, further, that said attorney general or district attorney are [is] authorized and should be allowed by the judge of the district court to defend their [his] cases already on the docket of said court, on which appears on said docket that said attorney general or district attorney were [was] the attorneys [attorney] of said cases prior to the appointment of said attorney general or district attorneys [attorney]. Provided, further, that where it appears in the record of the court that the attorney general or district attorney was the attorney in some cases prior to the appointment of the said attorney general or district attorney, in those cases the court shall appoint a lawyer to prosecute in those particular cases, allowing said lawyer the fee which is allowed to the attorney general or district attorney, and the attorney general or district attorney should be allowed to defend in those particular cases. Provided, further, that said attorney general or district attorney shall not be allowed to take any case after he is appointed attorney general or district attorney in which the state or county is involved in the litigation in which the law compels the attorney general or district attorney to prosecute or defend as said attorney general or district attorney. History: Laws 1889, ch. 56, § 11; C.L. 1897, § 2582; Laws 1905, ch. 93, § 1; Code 1915, § 1862; C.S. 1929, § 39-111; 1941 Comp., § 17-114; 1953 Comp., § 17-1-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The 1915 Code compilers substituted "attorney general" for "solicitor general". Cross references. — For grounds for removal of district attorneys from office generally, see 36-1-9 NMSA 1978. For restrictions on practices of attorneys who are partners of or related to district attorneys, see 36-2-20 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Court's power to remove district attorney, 118 A.L.R. 173. Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 A.L.R.3d 562. 27 C.J.S. District and Prosecuting Attorneys § 17.
NM Stat § 36-1-23 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-23 - Terminated.

ANNOTATIONSCompiler'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.