reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 15 - Violations of Municipal Ordinances › Section 35-15-14 - Suspension of sentence; probation.

A. The governing body of any municipality may provide by ordinance that the municipal court may, upon entry of a plea of guilty or judgment of conviction:
(1) suspend in whole or part the execution of sentence; or
(2) place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best; or both. The ordinance shall provide that the court may as a condition of probation require the defendant to serve a period of time in volunteer labor to be known as community service. The type of labor and period of service shall be at the sole discretion of the court; provided that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages, shall not be considered an employee for any purpose and shall not be entitled to workmen's compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this paragraph, "community service" means any labor that benefits the public at large or any public, charitable or educational entity or institution.
B. The ordinance shall provide that suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public, and that the defendant's liability for any fine or other punishment imposed is fully discharged upon successful completion of the terms and conditions of probation.
History:
1953 Comp., § 38-1-18, enacted by Laws 1961, ch. 55, § 1; 1987, ch. 56, § 1.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, added the second, third and fourth sentences in Subsection A(2).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 422.
Inherent power of court to suspend for indefinite period execution of sentence in whole or in part, 73 A.L.R.3d 474.
62 C.J.S. Municipal Corporations § 358.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 1 - District Attorneys › Section 36-1-1 - [Oath and bond of district attorneys.]

Each district attorney shall, within sixty days after his election, qualify by filing in the office of the secretary of state, an oath of office as prescribed for other officers and a good and sufficient bond to be approved by a justice of the supreme court in the sum of five thousand dollars [($5,000)].
History:
Laws 1909, ch. 22, § 1; Code 1915, § 1857; C.S. 1929, § 39-101; 1941 Comp., § 17-101; 1953 Comp., § 17-1-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler.
Compiler's notes.
— The 1915 Code compilers omitted the first part of this section which read: "For each district attorney's district as now or hereafter established by law, the governor shall, by and with the consent of the legislative council, appoint a competent attorney at law as district attorney, who shall hold his office for a period of two years, and until his successor shall have been appointed and qualified" and substituted "election" for "appointment."
Cross references.
— For compensation of district attorneys,
see
36-1-6 and 36-1-7 NMSA 1978.
For removal of district attorneys generally,
see
36-1-9 to 36-1-17 NMSA 1978.
For duties of district attorneys generally,
see
36-1-18 NMSA 1978.
For constitutional provision relating to qualifications, election, term of office, duties and compensation of district attorneys,
see
N.M. Const., art. VI, § 24.
For oath of office of elected officers,
see
N.M. Const., art. XX, § 1.
For filling of vacancies in offices of district attorneys,
see
N.M. Const., art. XX, § 4.
The office of district attorney was created by N.M. Const., art. VI, § 24.
State ex rel. Ward v. Romero
, 1912-NMSC-011, 17 N.M. 88, 125 P. 617.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27 C.J.S. District and Prosecuting Attorneys § 5.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 1 - District Attorneys › Section 36-1-3 - District attorneys; travel expenses.

District attorneys and their employees shall be allowed per diem and shall be reimbursed for their necessary travel expenses incurred while absent from their district headquarters upon official business as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. These expenses shall be paid from the appropriation to the district attorney of the judicial district for which the business is transacted.
History:
1953 Comp., § 17-1-3, enacted by Laws 1968, ch. 69, § 49; 1971, ch. 7, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1968, ch. 69, § 49, repealed 17-1-3, 1953 Comp., relating to expense allowances of district attorneys and employees, limitations upon private practice of district attorneys and assistants, appointment of assistants and maintenance of offices, and enacted a new 17-1-3, 1953 Comp.
Cross references.
— For payment of expenses of offices of district attorneys,
see
36-1-8 NMSA 1978.
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 § 21.
2023 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.
ANNOTATIONS
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.
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).
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Repeals 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."
2023 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.
ANNOTATIONS
Legal 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed 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).
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 1 - District Attorneys › Section 36-1-23 - Terminated.

ANNOTATIONS
Compiler's notes.
— The provisions of 36-1-23 NMSA 1978, as enacted by Laws 1981, ch. 85, § 1, have terminated of their own accord and have been deleted from the code. This section related to the office of special prosecutors.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 1 - District Attorneys › Section 36-1-24 - Terminated.

ANNOTATIONS
Compiler's notes.
— The provisions of 36-1-24 NMSA 1978, as enacted by Laws 1981, ch. 85, § 4, have terminated of their own accord and have been deleted from the code. This section related to the misuse of funds appropriated to try cases that arose from the riots at the state penitentiary in February, 1980.
2023 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
2023 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.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 1 - District Attorneys › Section 36-1-27 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 324, § 45 repealed 36-1-27 NMSA 1978, as enacted by Laws 1984, ch. 110, § 3, relating to creation of district attorney fund, effective July 1, 1990.
2023 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.
ANNOTATIONS
Emergency clauses.
— Laws 1998, ch. 88, § 2 contained an emergency clause and was approved March 10, 1998.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1991, ch. 175 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 1991.