When any officer is suspended as provided in this act [chapter], the judge of said court shall appoint some qualified person to discharge the duties of such officer during the period of his suspension, which person shall take the oath and give the bond required of incumbents of such office, and in case the final judgment be for the removal of such accused officer before the expiration of his term, his successor shall be appointed in the manner provided by law for filling vacancies in such office.
History: Laws 1909, ch. 36, § 29; Code 1915, § 3982; Laws 1915, ch. 21, § 1; C.S. 1929, § 96-133; 1941 Comp., § 10-330; 1953 Comp., § 5-3-30.
Bracketed material. — The bracketed material was inserted by the compiler to conform to the substitutions of "this chapter" for "this act" made by the 1915 Code compilers throughout this article. The bracketed insertion is not a part of the law.
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 74 to 79, 108.
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.]