2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 1 - District Attorneys › Section 36-1-22 - [Compromise, satisfaction or release by attorney general or district attorney.]

The attorney general and district attorneys of this state in their respective districts, when any civil proceedings may be pending in their respective districts, in the district court, in which the state or any county may be a party, whether the same be an ordinary suit, scire facias proceedings, proceedings growing out of any criminal prosecution, or otherwise, shall have power to compromise or settle said suit or proceedings, or grant a release or enter satisfaction in whole or in part, of any claim or judgment in the name of the state or county, or dismiss the same, or take any other steps or proceedings therein which to him may appear proper and right; and all such civil suits and proceedings shall be entirely under the management and control of the said attorney general or district attorneys, and all compromises, releases and satisfactions heretofore made or entered into by said officers are hereby confirmed and ratified.
History:
Laws 1875-1876, ch. 5, § 1; C.L. 1884, § 1856; C.L. 1897, § 2905; Code 1915, § 1863; C.S. 1929, § 39-112; 1941 Comp., § 17-115; 1953 Comp., § 17-1-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For power of private attorney to compromise, satisfy, or release in name of county,
see
36-1-19 NMSA 1978.
Attorney general under the broad powers of his office has the management and control of suits and proceedings
in which it is his duty to appear, and the power to take any steps or proceedings therein "which to him may appear proper and right."
Cooper v. Otero
, 1934-NMSC-008, 38 N.M. 164, 29 P.2d 341.
Power to settle cases.
— A settlement entered into by the attorney general, with no evidence of bad motives, is not unconstitutional under N.M. Const., art. IV, § 32 and "in the absence of explicit legislative expression to the contrary, the attorney general possesses entire dominion over every suit instituted by him in his official capacity whether there is a relator or not. As an incident of such control, the attorney general has power to dismiss or to discontinue suits brought by him either with or without a stipulation by the other party, and to make any dispositions of such suits that he deems best for the interest of the state."
Lyle v. Luna
, 1959-NMSC-042, 65 N.M. 429, 338 P.2d 1060.
Compromise and settlement of tax suits.
— The authority of district attorneys to compromise and settle tax suits is not restrained by N.M. Const., art. IV, § 32 and does not violate N.M. Const., art. VIII, § 1 or art. II, § 18.
State v. State Inv. Co.
, 1925-NMSC-017, 30 N.M. 491, 239 P. 741.
Power to settle claims.
— A stipulation of settlement concerning tax liability under 59-5-1 NMSA 1978 (now repealed) and 72-16-1 to 72-16-47, 1953 Comp., entered into by the attorney general of the state of New Mexico on behalf of the plaintiffs under the authority of the provisions of this section was not constitutionally prohibited by N.M. Const., art. IV, § 32.
Lyle v. Luna
, 1959-NMSC-042, 65 N.M. 429, 338 P.2d 1060.
When representing the state in a prosecution for driving under the influence, a district attorney had the authority to bind the motor vehicle division to the judgment and sentence which, pursuant to a plea bargain, expressly provided that the conviction was to be treated as a first conviction.
Collyer v. State Taxation & Revenue Dep't Motor Vehicle Div.
, 1996-NMCA-029, 121 N.M. 477, 913 P.2d 665.
Judicial review.
— Absent a showing of fraud or misdealing, it is not for the courts to second-guess the attorney general in the exercise of his authority in compromising a matter.
State ex rel. Property Appraisal Dep't v. Sierra Life Ins. Co.
, 1977-NMSC-023, 90 N.M. 268, 562 P.2d 829.
Compromise and settlement of tax suits.
— The district attorney has full authority to compromise and settle any action instituted in behalf of the state ex rel. its state tax commission (now property tax division of taxation and revenue department) and the county treasurer, for the collection of delinquent personal property taxes. This authority is, of course, subject to the duty of the attorney general's office to act, pursuant to 8-5-2 NMSA 1978, when in the judgment of the attorney general the interest of the state requires such action, and to the authority of the attorney general's office to act pursuant to this section, empowering the attorney general to compromise and settle civil proceedings, in the event of any conflict between the state tax commission (now property tax division of taxation and revenue department) and the district attorney as to the propriety of a particular proposed settlement in a case within the authority of the commission to act. 1958 Op. Att'y Gen. No. 58-54.
Section is completely harmonious with N.M. Const., art. IV, § 32.
1969 Op. Att'y Gen. No. 69-69.
Compromise and settlement of judgment which is entered of record as satisfaction of judgment would be a proper proceeding
in court and would alert the public to the action of the district attorney or attorney general. 1969 Op. Att'y Gen. No. 69-69.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Release or compromise of claim for taxes, 99 A.L.R. 1068, 28 A.L.R.2d 1425.
27 C.J.S. District and Prosecuting Attorneys § 15.