From a judgment of removal, appeal may be taken to the supreme court in the same manner as from a judgment in a civil action, but until such judgment is reversed, the defendant is suspended from his office, and pending the appeal, the office must be filled as in case of vacancy.
History: Laws 1909, ch. 36, § 17; Code 1915, § 3970; C.S. 1929, § 96-121; 1941 Comp., § 10-318; 1953 Comp., § 5-3-18.
Removal and suspension proceedings separate and distinct. — A proceeding for suspension and one for removal are separate and distinct, and each requires its own citation as a basis for jurisdiction, although the former is auxiliary to the latter. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 517.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 4 - Removal of Local Officers
Section 10-4-1 - Local officers subject to removal.
Section 10-4-2 - [Causes for removal of local officers.]
Section 10-4-3 - [Grand jury accusation.]
Section 10-4-4 - [Form of accusation.]
Section 10-4-5 - [Presentment of grand jury accusation; service on defendant; return day.]
Section 10-4-6 - [Defendant's appearance or default.]
Section 10-4-7 - [Defendant's answer; grounds.]
Section 10-4-8 - [Objection for insufficiency; form immaterial.]
Section 10-4-9 - [Criminal procedure made applicable.]
Section 10-4-10 - [Guilty plea; judgment; denial or refusal to plead; trial.]
Section 10-4-11 - [Precedence in trial.]
Section 10-4-12 - [Jury trial required; procedure.]
Section 10-4-13 - [Verdict; form.]
Section 10-4-14 - [Judgment of removal; entry.]
Section 10-4-15 - [Attendance of witnesses.]
Section 10-4-16 - [Appeal; suspension pending reversal; filling vacancy.]
Section 10-4-18 - [Duty of district attorney on receipt of evidence.]
Section 10-4-19 - [Presentment by district attorney; supporting affidavits; procedure.]
Section 10-4-20 - [Procedure for suspension from office.]
Section 10-4-21 - [Order of suspension.]
Section 10-4-22 - [Effect of suspension order.]
Section 10-4-23 - [Denial of motion to suspend; dismissal of proceedings.]
Section 10-4-24 - [Default of defendant; effect.]
Section 10-4-26 - [Reinstatement of suspended officer.]
Section 10-4-27 - [Payment of salary after reinstatement; compensation of interim officer.]