reglab/housing_qa huggingface dataset:
NM Stat § 36-1-24 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-24 - Terminated.

ANNOTATIONSCompiler'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, 1980.
NM Stat § 36-1-25 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-25 - Administrative office of the district attorneys created; 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 legislative appropriations, appoint necessary personnel and assign their duties. History: Laws 1984, ch. 110, § 1. ANNOTATIONS
NM Stat § 36-1-26 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-26 - Director; duties.

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 comprehensive data base on case management; C. prepare and distribute uniform forms and procedures manuals and develop uniform systems for use by district attorneys' offices with respect to administrative, personnel and budgetary matters; D. prepare and distribute forms and procedures for the establishment of a uniform worthless check program; E. prepare, update and distribute a district attorneys' trial manual; F. prepare and conduct training and education programs for district attorneys; G. prosecute conflict of interest and other cases at the request of an elected or appointed district attorney; H. submit an annual report to the department of finance and administration and the legislative finance committee detailing the activities of the office and statistical and other data relating to all district attorneys' offices; and I. perform such other duties in furtherance of the administration of justice and the administration of the business of the district attorneys as directed by the elected or appointed district attorneys. History: Laws 1984, ch. 110, § 2.
NM Stat § 36-1-27 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-27 - Repealed.

ANNOTATIONSRepeals. — 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.
NM Stat § 36-1-28 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1 - District Attorneys|Section 36-1-28 - District attorney fund; created; administration; purpose.

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 administrative office of the district attorneys for the sole purpose of meeting necessary expenses incurred in the operation of the administrative office of the district attorneys. C. Expenditures from the fund shall be pursuant to budgets approved by the state budget division of the department of finance and administration and made by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the administrative office of the district attorneys or his authorized representative. D. The fund shall not revert at the end of any fiscal year. History: Laws 1998, ch. 88, § 1. ANNOTATIONSEmergency clauses. — Laws 1998, ch. 88, § 2 contained an emergency clause and was approved March 10, 1998.
NM Stat § 36-1A-1 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-1 - Short title.

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. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-2 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-2 - Purpose of act; enactment under constitution.

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, compensation, fringe benefits, disciplinary procedures, appeal rights and other aspects of state employment. The District Attorney Personnel and Compensation Act will also provide a system of classification and compensation of district attorney personnel that is comparable to the personnel system in effect for other similar state employees. The District Attorney Personnel and Compensation Act is enacted pursuant to the provisions of Article 7, Section 2 of the constitution of New Mexico. History: Laws 1991, ch. 175, § 2. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-3 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-3 - Definitions.

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 district attorney's office; B. "board" means the District Attorney Personnel Review Board; C. "class specification" means a written statement of the duties and responsibilities characteristic of a class of positions, and includes the class title, supervision exercised and received, guidelines available, examples of work performed, working conditions and minimum qualifications or substitutions thereof that specify education, training, health, experience, knowledge, abilities and skills required for a position; D. "classification series" means a group of class specifications or employment positions similar enough in powers and responsibilities that they can be covered by similar qualifications and titles. A classification series may consist of many levels, starting with the entry level position and advancing upward in duties, complexity, authority and responsibility; E. "compensation plan" means a plan that establishes for each class in the plan a salary range that consists of at least minimum and maximum salaries, as authorized by the legislature; F. "covered employee" means a person in a full-time or part-time covered position who has successfully completed the probationary period and is covered by all provisions of the District Attorney Personnel and Compensation Act; G. "covered position" means any position within a district attorney's office except the positions of district attorney, attorney, district office manager and special program director; H. "disciplinary action" means a suspension, demotion or dismissal of a covered employee; I. "district attorneys" means the present fourteen duly elected district attorneys, or a substitute appointee for one of them, plus any additional elected district attorneys or future appointees created after the effective date of the District Attorney Personnel and Compensation Act; J. "employee" means a person in a full-time or part-time position in a district attorney's office but shall not be construed to include district attorneys; K. "performance evaluation" means the written appraisal of an employee's performance of assigned duties; L. "position" means any position in a district attorney's office; and M. "probationary employee" means a person who is appointed to a covered position but who has not yet completed the probationary period. History: Laws 1991, ch. 175, § 3. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-4 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-4 - Coverage of service; exemptions.

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 attorney, district office manager and special program director are "at will" positions that serve at the pleasure of the district attorney. History: Laws 1991, ch. 175, § 4. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-5 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-5 - Personnel board; appointment.

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, § 5. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-6 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-6 - Board members; compensation.

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. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-7 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-7 - Board; duties.

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 levels of education, experience, special skills and legal knowledge; C. prepare class specifications to be performed in each class of positions; D. recommend a compensation plan of pay ranges to which class specifications and classification series are assigned, subject to legislative appropriations; E. hear appeals solely involving suspension, demotion or termination of a covered employee, and render its final decision, unless the covered employee elects under Section 9 [36-1A-9 NMSA 1978] of the District Attorney Personnel and Compensation Act to have the appeal heard by a state-personnel-office-designated hearing officer; F. make periodic reviews of the personnel regulations, classification plan and compensation ranges that govern employees to ensure that all federal action, legislative mandates and other substantive changes are incorporated into the regulations in a timely fashion and make recommendations thereon to the district attorneys; G. recommend to the district attorneys to contract for services of consultants necessary to perform a compensation or classification plan of all district attorney positions, subject to legislative appropriation; and H. consider other personnel matters as designated by the district attorneys. History: Laws 1991, ch. 175, § 7. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-8 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-8 - Rules; adoption; coverage.

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 all positions; (3) a reasonable period of probation during which a probationary employee may be discharged, demoted or transferred without benefit of hearing; (4) hours of work requirements and holiday, overtime and leave policies; (5) the evaluation of performance of employees for the purpose of improving staff effectiveness; (6) any reduction in force needed due to lack of funds or work, abolition of a position, material change in duties or reorganization; (7) promotions or transfers, which shall give appropriate consideration to the applicant's qualifications, skills, job performance and duties; (8) a disciplinary procedure, which shall provide for an equitable response to infractions of rules or work performance standards; and (9) an appeal process to review a disciplinary action solely involving suspension, demotion or termination. History: Laws 1991, ch. 175, § 8. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-10 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-10 - Oaths; testimony; records; refusal.

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. Refusal to testify on matters pertaining to personnel is grounds for dismissal from employment. History: Laws 1991, ch. 175, § 10. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-11 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-11 - District attorneys to establish a compensation plan 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. The compensation plan shall substantially conform to the compensation plan and classification series in effect for all other state employees. In addition, the plan shall include class specifications and requirements for performance evaluation. B. The compensation plan provided by this section and adopted by the district attorneys shall apply to all employees. History: Laws 1991, ch. 175, § 11. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-12 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-12 - Additional duties of district attorneys.

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 action, legislative mandates and other substantive changes are incorporated in the compensation plan in a timely fashion; C. contract for consultant services to reevaluate the classification and compensation plans to ensure their compatibility, subject to legislative appropriation, with classes covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978] and the judicial pay plan; and D. prepare an annual fiscal report and specify proposed changes, if any, to the compensation plan prior to each regular legislative session. Before any proposed changes are implemented, they shall be reviewed by the legislative finance committee and approved by the department of finance and administration. History: Laws 1991, ch. 175, § 12. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-13 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-13 - Status of present employees.

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 of the District Attorney Personnel and Compensation Act. All other employees holding covered positions affected by the District Attorney Personnel and Compensation Act shall be continued as probationary employees until they have successfully completed their probationary period. Nothing in the District Attorney Personnel and Compensation Act shall preclude the reclassification or reallocation of any position held by a current employee. History: Laws 1991, ch. 175, § 13. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-14 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-14 - Existing rules.

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. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-1A-15 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 1A - District Attorney Personnel and Compensation|Section 36-1A-15 - Federal funds and assistance.

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 receipt of such funds other or higher personnel standards or different classifications than are provided for by the District Attorney Personnel and Compensation Act, the board shall recommend to the district attorneys adoption of rules and regulations to meet the requirements of such laws, rules, order or regulation. History: Laws 1991, ch. 175, § 15. ANNOTATIONSEffective dates. — Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
NM Stat § 36-2-2 to 36-2-9 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-2 to 36-2-9 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 143, § 2, repealed 36-2-2 to 36-2-9 NMSA 1978, relating to the board of commissioners of the state bar and the state board of bar examiners. For present provisions, see 36-2-9.1 NMSA 1978.
NM Stat § 36-2-9.1 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-9.1 - Exclusion.

The board of bar commissioners of the state bar and the state board of bar examiners are bodies of the judicial department and are not a state agency nor their employees public employees for purposes of workmen's compensation coverage, public employment retirement programs or social security coverage. History: Laws 1979, ch. 143, § 1.
NM Stat § 36-2-12 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-12 - [Proof of authority; stay of proceedings.]

The court may, on motion of either party and on showing of reasonable grounds thereof, require the attorney for the adverse party or for any one of the several adverse parties to produce or prove by his oath or otherwise the authority under which he appears and until he does so, may stay all proceedings by him on behalf of the parties for whom he assumes to appear. History: Laws 1909, ch. 53, § 30; Code 1915, § 357; C.S. 1929, § 9-131; 1941 Comp., § 18-111; 1953 Comp., § 18-1-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Order under this section does not deprive the affected party of his right to counsel of his choice. State v. Evans, 1976-NMCA-113, 89 N.M. 765, 557 P.2d 1114, cert. denied, 90 N.M. 7, 558 P.2d 619. Failure of trial court to require proof held proper. — Where no action was or had ever been taken at any time by the board of trustees of community land grant to renounce or rescind any action taken by its attorney on its behalf, the trial court acted within its discretion in declining to require the attorney to produce further proof of his authority to represent the board of trustees. Board of Trustees v. Montano, 1971-NMSC-025, 82 N.M. 340, 481 P.2d 702. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A C.J.S. Attorney and Client § 170.
NM Stat § 36-2-13 (2021)
2021 New Mexico Statutes|Chapter 36 - Attorneys|Article 2 - Regulation of Attorneys|Section 36-2-13 - [Attorneys prohibited from acting as surety for clients.]

No practicing attorney shall be a surety in any action or proceeding in which he is an attorney in any of the courts in this state. History: Laws 1909, ch. 53, § 31; Code 1915, § 358; C.S. 1929, § 9-132; 1941 Comp., § 18-112; 1953 Comp., § 18-1-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Scope of authority. — Where defendant did not personally sign the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer in the prior suit, in which appears the admission of the debt now sued upon, but in her answer in the present suit she admits her deceased husband signed the answer in the prior suit as attorney for her and himself, and no question has been raised as to his authority to sign the answer as her attorney or to make the admission on her behalf, then his signature on her behalf to the answer in the prior suit had the same effect as if she had personally signed. Smith v. Walcott, 1973-NMSC-074, 85 N.M. 351, 512 P.2d 679 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Attorneys at Law §§ 129 to 167. Compelling admission to membership in professional association or society, 89 A.L.R.2d 964. 7A C.J.S. Attorney and Client §§ 191 to 217, 280 to 384.