reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-9.1 - Cold war medal.

The New Mexico state defense force commander may award the New Mexico state defense force cold war medal to a member of the state defense force who has received a cold war recognition certificate. The cold war recognition certificate recognizes all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States during the cold war era from September 2, 1945 to December 26, 1991.
History:
1978 Comp., § 20-10-9.1, enacted by Laws 2016, ch. 6, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-9.2 - Outstanding enlisted leader of the year ribbon.

The adjutant general may award the outstanding enlisted leader of the year ribbon to a member of the national guard of New Mexico who has been officially selected as the New Mexico outstanding soldier of the year, airman of the year or first sergeant of the year. This ribbon is established to recognize those members who have performed above and beyond their peer group in their profession, on- or off-duty, and in their communities, reflecting great credit upon themselves and the national guard within the calendar year of the award.
History:
1978 Comp., § 20-10-9.2, enacted by Laws 2016, ch. 6, § 2.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-10 - Outstanding service medal.

The adjutant general may award an outstanding service medal with accompanying ribbon to any person who, while serving in any capacity with or as a member of the national guard or state defense force, performs the service required or requested of him through the exertion of extra effort and in a manner that brings credit to himself, to his unit and to the state, either over a period of time or on a specific occasion.
History:
1978 Comp., § 20-10-10, enacted by Laws 1987, ch. 318, § 72.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-10 NMSA 1978, as enacted by Laws 1941, ch. 9, § 9, relating to disqualifications, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-11 - Outstanding unit citation.

The governor may award an outstanding unit citation of appropriate design with accompanying individual ribbon to any recognized unit of the national guard or state defense force which, through outstanding effort of all its members, has excelled in the performance of its duty and mission for a period of service in a manner that clearly exceeds that of other units, within or without the state, similar in composition or mission. In extraordinary circumstances a "V" device may be awarded to denote valor exemplified by the unit.
History:
1978 Comp., § 20-10-11, enacted by Laws 1987, ch. 318, § 73.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-11 NMSA 1978, as enacted by Laws 1941, ch. 9, § 10, relating to officers, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-12 - Recompiled.

History:
1978 Comp., § 20-10-12, enacted by Laws 1987, ch. 318, § 74; recompiled as 20-10-12.5 by Laws 2016, ch. 6, § 6.
ANNOTATIONS
Recompilations.
— Laws 2016, ch. 6, § 6 recompiled former 20-10-12 NMSA 1978 as 20-10-12.5 NMSA 1978, effective May 18, 2016.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-12.1 - Emergency service ribbon.

The adjutant general shall award the emergency service ribbon to any member of the New Mexico national guard who, after January 1, 2000, honorably performs duty when an emergency situation has been declared by the governor. The duty must be in direct support of the declared state of emergency and the guardmember must be in duty status, on orders in either pay or non-pay status, at the time the service is rendered.
History:
Laws 2002, ch. 44, § 1.
ANNOTATIONS
Effective dates.
— Laws 2002, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 15, 2002, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-12.2 - Counter-drug service ribbon.

The adjutant general may award the counter-drug service ribbon to recognize soldiers and airmen of the national guard of New Mexico who have provided outstanding support to state, local and federal law enforcement officers on counter-drug operations in New Mexico since August 1989 and have served a minimum of ninety consecutive days performing counter-drug support missions in accordance with national guard regulations.
History:
1978 Comp., § 20-10-12.2, enacted by Laws 2016, ch. 6, § 3.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-12.3 - Community service ribbon.

The adjutant general may award the community service ribbon to a member of the national guard of New Mexico or New Mexico state defense force for substantial or particularly meaningful community service above and beyond the duties required. A member's community service must contribute to the well-being of the civilian community, including the military family community. Service must be significant in nature and produce tangible results. There is not a specific time period of community service that must be performed to qualify for the award. Actions performed in accordance with regular duty requirements are not to be considered for the award. Community service may not result in a personal gain for the service member.
History:
1978 Comp., § 20-10-12.3, enacted by Laws 2016, ch. 6, § 4.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-12.4 - Physical fitness ribbon.

A. The adjutant general may present a physical fitness ribbon to a currently assigned member of the national guard of New Mexico who:
(1) scores two hundred seventy or above for three consecutive years when taking all components of the army physical fitness training and meets the body fat standards for official record; or
(2) scores ninety or above for three consecutive years when taking all components of the air force fitness assessment for official record.
B. Subsequent three-year periods of service shall be acknowledged by the presentation and wearing of an affixed device signifying in arabic numerals the number of such awards to the member.
History:
1978 Comp., § 20-10-12.4, enacted by Laws 2016, ch. 6, § 5.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 6 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-12.5 - Service ribbon and long-service medal.

A. The adjutant general shall present a service ribbon to those members of the national guard and state defense force who have completed five years of honorable service in the national guard or state defense force. This service ribbon shall be of identical design to the ribbon of the long service medal.
B. The adjutant general shall present a long service medal to those members of the national guard and state defense force who have completed ten years of honorable service in either the national guard or the state defense force. The medal and accompanying ribbon shall have an appropriate numeral device affixed signifying total years of service beyond ten in increments of five.
History:
1978 Comp., § 20-10-12, enacted by Laws 1987, ch. 318, § 74; recompiled as § 20-10-12.5 by Laws 2016, ch. 6, § 6.
ANNOTATIONS
Recompilations.
— Laws 2016, ch. 6, § 6 recompiled former 20-10-12 NMSA 1978 as 20-10-12.5 NMSA 1978, effective May 18, 2016.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-13 - Good conduct medal.

The adjutant general may award a good conduct medal with accompanying ribbon to any enlisted member of the national guard or state defense force who completes a three-year period of service free from unauthorized absence, reprimand, court-martial or other disciplinary action and free from any civilian conviction. Subsequent three-year periods of service shall be acknowledged by the presentation and wearing of an affixed device signifying in arabic numerals the number of such awards to the member.
History:
1978 Comp., § 20-10-13, enacted by Laws 1987, ch. 318, § 75.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-13 NMSA 1978, as enacted by Laws 1941, ch. 9, § 12, relating to freedom from arrest and process, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-14 - Perfect attendance ribbon.

The adjutant general may present a perfect attendance ribbon to those members commissioned, warranted and enlisted of the national guard or state defense force who for the calendar year have had a perfect drill and annual training attendance. Unit commanders shall forward a list of all qualifying nominees to the awards board each January for the preceding calendar year. Subsequent annual periods of service shall be acknowledged by the presentation and wearing of an affixed device signifying in arabic numerals the number of such awards to the member.
History:
1978 Comp., § 20-10-14, enacted by Laws 1987, ch. 318, § 76.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-14 NMSA 1978, as enacted by Laws 1941, ch. 9, § 13, relating to labor clause, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-15 - Academy service ribbon.

The adjutant general may present an academy service ribbon to those enlisted members of the national guard or state defense force who have successfully completed a noncommissioned officer educational system course or noncommissioned officer academy. An arabic numeral shall reflect successful completion of higher level courses.
History:
1978 Comp., § 20-10-15, enacted by Laws 1987, ch. 318, § 77.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-15 NMSA 1978, as enacted by Laws 1941, ch. 9, § 18, relating to exemption from jury duty, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-16 - Devices.

A. Except as specifically stated above, the second and subsequent award of any medal shall be noted by written citation and by presentation and wearing of a bronze oak leaf cluster in lieu of a second or subsequent medal. A silver oak leaf cluster shall substitute for five bronze oak leaf clusters.
B. All medals awarded may be worn on military ceremonial or mess uniforms in miniature format, which shall be procured by the awards fund and shall be available for purchase by recipients.
History:
1978 Comp., § 20-10-16, enacted by Laws 1987, ch. 318, § 78.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-10-16 NMSA 1978, as enacted by Laws 1941, ch. 9, § 19, relating to powers of governor, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 10 - Awards, Medals and Ribbons › Section 20-10-17 to 20-10-42 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-10-17 to 20-10-42 NMSA 1978, as enacted by Laws 1941, ch. 9, §§ 20 to 45, relating to cooperation with civil authority, organization and training, officers, and discipline and court-martial, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-1 - Failure to appear; penalty.

A. Any person in the unorganized militia ordered by the governor into active service in the national guard or state defense force pursuant to the powers enumerated in Chapter 20 NMSA 1978 and notified of the order to service who fails to appear without justification within the time prescribed in the notice to the place which ordered, shall be guilty of a misdemeanor.
B. Any person failing to appear as stated in Subsection A of this section and whose failure to appear is willful and with the intent to avoid or evade military service shall be guilty of a fourth degree felony.
History:
1978 Comp., § 20-11-1, enacted by Laws 1987, ch. 318, § 79.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-11-1 NMSA 1978, as enacted by Laws 1975, ch. 269, § 1, relating to short title of Code of Military Justice, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services §§ 295, 298.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-2 - Hindering national guard; penalty.

The commanding officer of any part of the national guard or state defense force called into the active service of the state, when performing any military duty in any street or highway, may require any persons to yield the right-of-way to the national guard or state defense force provided that the carriage of United States mail, the legitimate functions of the police and the progress and operations of ambulances, fire engines and emergency vehicles shall not be interfered with. All persons who hinder, delay or obstruct the national guard or state defense force in the active service of the state or who attempt to do so, are guilty of a misdemeanor.
History:
1978 Comp., § 20-11-2, enacted by Laws 1987, ch. 318, § 80.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-11-2 NMSA 1978, as enacted by Laws 1975, ch. 269, § 2, relating to definitions, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-3 - Interference with enrolling officer; penalty.

Any person who shall wilfully obstruct an enrolling or enlisting officer in the performance of his duty is guilty of a misdemeanor.
History:
1978 Comp., § 20-11-3, enacted by Laws 1987, ch. 318, § 81.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-11-3 NMSA 1978, as enacted by Laws 1975, ch. 269, § 3, relating to persons subject to Code, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services §§ 295, 298.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-4 - Wrongful possession of military property; penalty.

Any person who commits the offense described in Section 20-9-4 NMSA 1978 is guilty of a misdemeanor.
History:
1978 Comp., § 20-11-4, enacted by Laws 1987, ch. 318, § 82.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-11-4 NMSA 1978, as enacted by Laws 1975, ch. 269, § 4, relating to jurisdiction, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 298.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-5 - Wrongful wearing of uniform; penalty.

Any unauthorized person wearing a military uniform or facsimile thereof with the intent to impersonate a person with military authority is guilty of a misdemeanor; but if this offense is committed in time of war or following a declaration of martial law, the offender shall be guilty of a fourth degree felony.
History:
1978 Comp., § 20-11-5, enacted by Laws 1987, ch. 318, § 83.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-11-5 NMSA 1978, as enacted by Laws 1975, ch. 269, § 5, relating to applicability of Code, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-5.1 - Misrepresentation of military service; penalty.

Misrepresentation of military service consists of a person misrepresenting that person's self as having served or currently serving in the United States armed forces for the intentional taking of anything of value based on the person's military service. Whoever commits misrepresentation of military service is guilty of a misdemeanor.
History:
Laws 2018, ch. 5, § 1.
ANNOTATIONS
Effective date.
— Laws 2018, ch. 5, § 2 made Laws 2018, ch. 5, § 1 effective July 1, 2018.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-6 - Employment discrimination prohibited; penalty.

Any person who wilfully violates Section 20-4-6 or Section 20-5-14 NMSA 1978 is guilty of a misdemeanor.
History:
1978 Comp., § 20-11-6, enacted by Laws 1987, ch. 318, § 84.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-11-6 NMSA 1978, as enacted by Laws 1975, ch. 269, § 6, relating to judge advocates and legal officers, and enacted a new section, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-7 - Peace officers' neglect or refusal to act; penalty.

Any peace officer who neglects or refuses to obey, execute or return the process of a military court or the order of a commanding officer pursuant to Section 20-12-12 NMSA 1978 or makes a false return on such process or order is guilty of a misdemeanor.
History:
1978 Comp., § 20-11-7, enacted by Laws 1987, ch. 318, § 85.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, Chapter 318 repealed former 20-11-7 NMSA 1978, as enacted by Laws 1975, ch. 269, § 7, relating to apprehension, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
6 C.J.S. Armed Services § 298.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 11 - Offenses › Section 20-11-8 to 20-11-120 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 318, § 98A repealed 20-11-8 to 20-11-120 NMSA 1978, as enacted by Laws 1975, ch. 269, §§ 8 to 20, relating to Code of Military Justice, effective April 10, 1987.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-2 - Adoption of Uniform Code of Military Justice; Manual for Courts-Martial, United States, 1984; United States military regulations and directives; decisions of United States court of military appeals and courts of military review; limitations and exceptions.

The Uniform Code of Military Justice, Title 10, Chapter 47, United States Code; the Manual for Courts-Martial, United States, 1984, (Executive Order No. 12437 (13 April 1984), as amended); the regulations and directives of the United States military forces made applicable to the national guard; and the decisions of the United States court of military appeals and of the armed services courts of military review are adopted as the Code of Military Justice, the Manual for Courts-Martial, the regulations and the precedential case law of this state on military justice matters, respectively, except as hereinafter limited or stated within Chapter 20, Article 12 NMSA 1978. These documents shall be reasonably construed and applied so as to achieve and effect the high level of order and discipline necessary for the military forces of the state. Time standards other than periods of limitations and pretrial confinement may be waived by convening authorities or military judges where such standards would be impracticable within the traditional operations of militia forces. Where regulations and procedures for the United States army differ from those of the United States air force, the army national guard and the state defense force shall observe the regulations and procedures of the United States army and the air national guard shall observe the regulations and procedures of the United States air force. References therein and in Sections 20-12-13 through 20-12-73 NMSA 1978 to "the United States" shall mean "the state" where such meaning has reasonable application. References to "the president" or to "the secretary" (meaning the secretary of the army or the secretary of the air force) shall mean "the governor". The adjutant general may by regulation prescribe practical changes or variances from the procedural provisions of the Uniform Code of Military Justice, from the Manual for Courts-Martial or from service regulations subservient thereto.
History:
1978 Comp., § 20-12-2, enacted by Laws 1987, ch. 318, § 87; 1989, ch. 337, § 7.
ANNOTATIONS
Cross references.
— For the Uniform Code of Military Justice,
see
10 U.S.C. § 801 et seq.
The 1989 amendment,
effective June 16, 1989, in the third sentence from the end, inserted "and in Sections 20-12-13 through 20-12-73 NMSA 1978"; and added the last two sentences.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-3 - Persons subject to the code; applicability of the code.

The Code of Military Justice applies to all members of the national guard when not in federal service under Title 10, United States Code and to all members of the state defense force when performing militia duty. The code has territorial applicability both within and without the state. The code has applicability at all times, provided that either the member is in a duty status or, if not in a duty status, that there is a connection between the act or omission constituting the offense and the efficient functioning of the military forces; however, this grant of military jurisdiction shall not preclude or limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.
History:
1978 Comp., § 20-12-3, enacted by Laws 1987, ch. 318, § 88; 1989, ch. 337, § 8.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, inserted "either the member is in a duty status or, if not in a duty status, that" in the last sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military and Civil Defense §§ 283 et seq., 289.
Civilian offenses: comment note on courts-martial jurisdiction over members of armed forces for "civilian" offenses, 14 A.L.R. Fed. 152.
6 C.J.S. Armed Services § 288.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-4 - Convening authorities; nonjudicial punishment authorities.

A. A general, special or summary court-martial may be convened by the governor or by the adjutant general.
B. A special or summary court-martial may be convened by the assistant adjutant general of the army national guard, as to all members of the army national guard; by the land component commander, as to members of the land component commander's command; by the commanding officer of any brigade-level headquarters, as to members of the commanding officer's command; by the assistant adjutant general of the air national guard, as to all members of the air national guard; by the assistant adjutant general of the state defense force, as to all members of the state defense force; and to the commanders of such equivalent level commands as may be organized in the future.
C. A summary court-martial may be convened by a battalion commander, group commander or equivalent, as to all members of the commander's command.
D. Nonjudicial punishment authority is conferred upon all general, special or summary court-martial convening authorities and upon company, battery and squadron commanders or equivalent, as to members of their command.
History:
1978 Comp., § 20-12-4, enacted by Laws 1987, ch. 318, § 89; 2018, ch. 6, § 3; 2021, ch. 55, § 9.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, authorized the land component commander to convene a special or summary court-martial as to members of the state defense force under the command of the land component commander; and in Subsection B, after "army national guard", added "by the land component commander, as to members of the land component commander's command", after the first occurrence of "commanding", deleted "general" and added "officer", and after the second occurrence of "commanding", deleted "general's" and added "officer's".
The 2018 amendment,
effective July 1, 2018, updated the designation of special or summary court-martial convening authorities; in Subsection B, after "by the commanding general of", deleted "the 111th air defense artillery brigade" and added "any brigade-level headquarters", after "as to members of", deleted "his" and added "the commanding general's", and after "command", deleted "by the commanding officer of troop command, as to all members of his command"; and in Subsection C, after "all members of", deleted "his" and added "the commander's".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military, and Civil Defense § 260 et seq.
6 C.J.S. Armed Services §§ 295, 298.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-5 - Judge advocates.

A. The adjutant general may appoint commissioned officers of the national guard and of the state defense force who are members of the bar of the supreme court of New Mexico as judge advocates. One judge advocate shall be designated by the adjutant general as the state judge advocate. The remaining senior judge advocate of each of the army national guard, the 111th air defense artillery brigade, the air national guard and the state defense force shall be designated as the staff judge advocate for their respective component, but this designation shall not preclude their assignment as military judge, trial counsel or defense counsel to other components in individual cases where they have not earlier participated. All other judge advocates shall be designated as assistant staff judge advocates. Designation as a judge advocate may be as a primary military specialty or as an additional duty, with their concurrence, for line officers who are members of the bar of the supreme court of New Mexico.
B. Judge advocates shall make frequent inspections in the field in supervision of the administration of military justice. Judge advocates of one component may participate in the administration of military justice in other components. Appointment as a judge advocate by the adjutant general shall substitute for Article 27(b)(2), Uniform Code of Military Justice certification.
C. The adjutant general, with the concurrence of the state judge advocate, shall appoint one military judge from the army national guard and one military judge from the air national guard. To the extent practicable, military judges will hear cases from components other than their own. Appointment as military judge shall not preclude assignment of judge advocate duties which are not in conflict with those of a military judge. A judge advocate's performance of duty as a military judge shall not be the subject of comment in any effectiveness, fitness or efficiency report beyond a statement that the officer is designated as military judge.
D. Federally recognized judge advocates of other active and reserve military components may, with their concurrence, serve as judge advocates for national guard and the state defense force when so requested and detailed by the state judge advocate.
History:
1978 Comp., § 20-12-5, enacted by Laws 1987, ch. 318, § 90.
ANNOTATIONS
Cross references.
— For Article 27(b)(2) of the Uniform Code of Military Justice,
see
10 U.S.C. § 827(b)(2).
Qualifications of this article do not apply for military judges in national guard;
no special qualifications are required for a military judge in the New Mexico national guard other than being appointed a judge advocate, which requires only membership in the New Mexico bar and an officer's commission in the national guard.
State v. Baca
, 1993-NMCA-084, 116 N.M. 19, 859 P.2d 487.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-6 - Limitation on punishments.

A. Except when the militia is in actual service in time of war or public danger, no punishment imposed by court martial shall exceed that prescribed for a misdemeanor. Imposition of a punitive discharge or a forfeiture of pay or a fine in addition to confinement shall not be deemed to make the offense a felony.
B. Subject to the limitation in Subsection A of this section and the jurisdictional punishment limitation for a special or a summary court-martial, the Maximum Punishment Chart, Manual for Courts-Martial, United States, 1984, Appendix 12, shall establish the maximum punishment for a specific offense.
History:
1978 Comp., § 20-12-6, enacted by Laws 1987, ch. 318, § 91; 1989, ch. 337, § 9.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted "danger" for "damage" in the first sentence of Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 A.L.R. Fed. 821.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-7 - Advice; reviews and appeals; extraordinary writs.

A. The advice of the staff judge advocate prescribed by Article 34, Uniform Code of Military Justice and the review required by Article 64, Uniform Code of Military Justice shall be accomplished by the state judge advocate or his designee.
B. Appeals shall be taken according to the rules of appellate procedure applying to criminal cases tried in the district courts.
C. The action of the convening authority as to an approved sentence shall continue in effect while an appeal is pending.
D. Extraordinary writs may issue from the New Mexico supreme court upon such grounds as the United States court of military appeals may similarly act in federal courts-martial, following the New Mexico rules of appellate procedures applicable thereto.
History:
1978 Comp., § 20-12-7, enacted by Laws 1987, ch. 318, § 92; 1989, ch. 337, § 10.
ANNOTATIONS
Cross references.
— For Articles 34 and 64 of the Uniform Code of Military Justice, referred to in Subsection A,
see
10 U.S.C. §§ 834 and 864, respectively.
The 1989 amendment,
effective June 16, 1989, in the catchline, added "extraordinary writs"; in Subsection A, added "or his designee"; substituted present Subsection B for the provisions of former Subsections B to E, which specified review procedures; and added Subsections C and D.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military, and Civil Defense §§ 269, 270, 338.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-8 - Confinement.

In a sentence which includes confinement, the convening authority shall prescribe the place of confinement which may be a federal military confinement facility, the county correctional facility where the accused's unit is headquartered or where the accused resides or to the state commissioner of corrections. The confinement facility shall bear the costs of confinement from general appropriations made for confinement of state prisoners.
History:
1978 Comp., § 20-12-8, enacted by Laws 1987, ch. 318, § 93.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-9 - Reductions in grade.

In a sentence or approved nonjudicial punishment which includes a reduction in enlisted grade or a suspended reduction in enlisted grade, the imposing authority need not have promotion authority to the grade from which the accused is reduced.
History:
1978 Comp., § 20-12-9, enacted by Laws 1987, ch. 318, § 94.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-10 - Forfeitures or fines.

In a sentence or approved nonjudicial punishment which includes forfeiture of pay or a fine, the adjutant general shall designate the military purpose to which the funds may be applied which may include the state armory board fund, a local armory board fund or the awards fund. A cash collection may be substituted for a forfeiture of pay with the consent of the accused.
History:
1978 Comp., § 20-12-10, enacted by Laws 1987, ch. 318, § 95.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-11 - Nonjudicial punishment.

A. The rules and procedures for the imposition of nonjudicial punishment shall be as prescribed in Article 15, Uniform Code of Military Justice and in the Manual for Courts-Martial, United States, 1984, Part V, except as stated to the contrary in Subsection D of Section 20-12-4 NMSA 1978 and as follows in this section.
B. Cognizance of and punishment for unexcused absence from unit training assembly, drill or annual training at the prescribed times by an enlisted member following a first such offense with documented warning may be punished nonjudicially as follows:
(1) the accused's unit commander shall inform the accused of his intent to impose the punishment prescribed herein by personal service or by certified United States mail, return receipt requested, to the accused's last address of military record;
(2) the accused may not refuse nonjudicial punishment or demand trial by court-martial but may submit matters in defense, extenuation or mitigation, may request a hearing before the commander and may appeal the punishment imposed; and
(3) the punishment imposed shall be limited to a reduction of one grade or a suspended reduction of one grade. If the punishment is suspended, the suspension may be vacated and the punishment ordered executed by personal service or by certified United States mail, return receipt requested, to the accused's last known address of military record.
C. In any nonjudicial punishment action, a fine may be substituted for the equivalent forfeiture.
History:
1978 Comp., § 20-12-11, enacted by Laws 1987, ch. 318, § 96; 1989, ch. 337, § 11.
ANNOTATIONS
Cross references.
— For Article 15 of the Uniform Code of Military Justice,
see
10 U.S.C. § 815.
The 1989 amendment,
effective June 16, 1989, in Subsection B, added the second sentence in Paragraph (3); and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
53A Am. Jur. 2d Military and Civil Defense §§ 257, 258, 259.
6 C.J.S. Armed Services §§ 295, 298.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-12 - Absence without leave; confinement during period of duty.

Any member of the national guard who fails to either report for or remain present for unit training assembly, drill, or annual training when so ordered shall be subject to confinement for the duration of that training assembly or annual training to include nights between days of training. The sheriff or any other peace officer of the county in which the unit is training or where the absent national guard member resides or is found shall, upon request of the unit commander, arrest the absent member and confine him in a suitable facility at county expense until the conclusion of the training period or until the member agrees to present himself for duty. Neglect or unjustified refusal of a requested sheriff or other peace officer to so act shall render the sheriff or peace officer guilty of a misdemeanor in accordance with Section 20-11-7 NMSA 1978.
History:
1978 Comp., § 20-12-12, enacted by Laws 1987, ch. 318, § 97.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-13 - Accessory after the fact.

Any person subject to Chapter 20 NMSA 1978 who, knowing that an offense punishable by that chapter has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-13, enacted by Laws 1989, ch. 337, § 12.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-14 - Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
History:
1978 Comp., § 20-12-14, enacted by Laws 1989, ch. 337, § 13.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
When should jury's deliberation proceed from charged offense to lesser-included offense, 26 A.L.R.5th 603.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-15 - Attempts.

A. An act, done with specific intent to commit an offense under Chapter 20 NMSA 1978, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
B. Any person subject to Chapter 20 NMSA 1978 who attempts to commit any offense punishable by that chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
C. Any person subject to Chapter 20 NMSA 1978 may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
History:
1978 Comp., § 20-12-15, enacted by Laws 1989, ch. 337, § 14.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-16 - Conspiracy.

Any person subject to Chapter 20 NMSA 1978 who conspires with any other person to commit an offense under that chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-16, enacted by Laws 1989, ch. 337, § 15.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-17 - Solicitation.

Any person subject to Chapter 20 NMSA 1978 who solicits or advises another or others to desert in violation of Section 20-12-20 NMSA 1978 or mutiny in violation of Section 20-12-29 NMSA 1978 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.
Any person subject to this chapter who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Section 20-12-34 NMSA 1978 or sedition in violation of Section 20-12-29 NMSA 1978 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-17, enacted by Laws 1989, ch. 337, § 16.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-18 - Fraudulent enlistment, appointment or separation.

Any person who procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances thereunder or procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-18, enacted by Laws 1989, ch. 337, § 17.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-19 - Unlawful enlistment, appointment or separation.

Any person subject to Chapter 20 NMSA 1978 who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-19, enacted by Laws 1989, ch. 337, § 18.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-20 - Desertion.

A. Any member of the armed forces who:
(1) without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently;
(2) quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States;
is guilty of desertion.
B. Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
C. Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
History:
1978 Comp., § 20-12-20, enacted by Laws 1989, ch. 337, § 19.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-21 - Absence without leave.

Any member of the armed forces who without authority:
A. fails to go to his appointed place of duty at the time prescribed;
B. goes from that place; or
C. absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed;
shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-21, enacted by Laws 1989, ch. 337, § 20.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-22 - Missing movement.

Any person subject to Chapter 20 NMSA 1978 who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-22, enacted by Laws 1989, ch. 337, § 21.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-23 - Contempt toward officials.

Any commissioned officer who uses contemptuous words against the president of the United States, the vice president of the United States, a member of congress, the United States secretary of defense, the secretary of a military department, the secretary of the United States department of transportation or the governor or legislature of any state, territory, commonwealth or possession in which he is on duty or present shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-23, enacted by Laws 1989, ch. 337, § 22.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-24 - Disrespect toward superior commissioned officer.

Any person subject to Chapter 20 NMSA 1978 who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-24, enacted by Laws 1989, ch. 337, § 23.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer.

Any person subject to Chapter 20 NMSA 1978 who strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office or willfully disobeys a lawful command of his superior commissioned officer shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by punishment, other than death, as a court-martial may direct.
History:
1978 Comp., § 20-12-25, enacted by Laws 1989, ch. 337, § 24.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.
2023 New Mexico Statutes › Chapter 20 - Military Affairs › Article 12 - Code of Military Justice › Section 20-12-26 - Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.

Any warrant officer or enlisted member who:
A. strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office;
B. willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or
C. treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
History:
1978 Comp., § 20-12-26, enacted by Laws 1989, ch. 337, § 25.
ANNOTATIONS
Effective dates.
— Laws 1989, ch. 337 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 1989.