On the date provided in the order, if the defendant appears and offers proof, the court must hear the testimony presented by the district attorney and the defendant, and if in the judgment of the court there is reasonable ground to believe that the matters and things stated in the accusation will be established upon a trial, he may forthwith enter an order suspending the officer until after final hearing.
History: Laws 1909, ch. 36, § 22; Code 1915, § 3975; C.S. 1929, § 96-126; 1941 Comp., § 10-323; 1953 Comp., § 5-3-23.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 111.
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.]