When the accusation is presented by the district attorney as provided in the preceding section [10-4-18 NMSA 1978], the same must be supported by sworn affidavit or affidavits, and the court must forthwith investigate the matter, and if a jury is in attendance at the time such accusation is presented, the court must order a citation to the defendant and thenceforth the case must proceed as provided in this chapter where the accusation is by a grand jury.
History: Laws 1909, ch. 36, § 20; Code 1915, § 3973; C.S. 1929, § 96-124; 1941 Comp., § 10-321; 1953 Comp., § 5-3-21.
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 presentment of grand jury accusation, see 10-4-5 NMSA 1978.
Amended verification prohibited. — Where the verification of an accusation for the removal of a public officer is held insufficient by the trial court within twenty days of the time for the grand jury to meet, or while it is in session, the matter should be presented, and it is error to permit amended verifications. State v. Awalt, 1916-NMSC-020, 21 N.M. 510, 156 P. 407.
Accusation distinguished from information. — Accusation to be presented to the court by the district attorney may be one based upon information of others and not a formal charge upon information of the district attorney. State ex rel. Mansker v. Leib, 1915-NMSC-071, 20 N.M. 619, 151 P. 766.
Citation or order to show cause necessary. — Under the provisions of Section 10-4-5 NMSA 1978, a citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has the power to proceed to hear the matter of suspension. 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 § 512.
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.]