The accusation provided for in this chapter may be presented by the district attorney to the judge in vacation or term time at any time when, under the provisions of law there will be no grand jury in the county where the same is presented, for a period of at least twenty days after the presentment of such accusation.
History: Laws 1909, ch. 36, § 18; Code 1915, § 3971; C.S. 1929, § 96-122; 1941 Comp., § 10-319; 1953 Comp., § 5-3-19.
Compiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Cross references. — For grand jury accusation, see 10-4-3 NMSA 1978.
Jurisdiction of district attorney limited. — The jurisdiction of the district attorney to present the accusation provided for is limited by this section. State v. Awalt, 1916-NMSC-020, 21 N.M. 510, 156 P. 407.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 514.
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.]