A. The governor shall be the commander-in-chief of the military forces, except so much thereof as may be in the actual service of the United States, and may employ the military forces for the defense or relief of the state, the enforcement of its law and the protection of life and property therein.
B. The adjutant general shall be the commanding general of New Mexico, and the deputy adjutant general shall be the deputy commanding general of New Mexico.
C. Whenever the governor or acting governor is unable to personally perform the duties of commander-in-chief or whenever the governor so directs, the adjutant general or, in the adjutant general's absence, the senior line officer of the national guard present for duty with the troops shall command the military forces.
D. The governor may appoint a staff consisting of the adjutant general and aides-de-camp of field grade or higher who shall be detailed from the national guard or the state defense force. The governor may designate honorarily other persons as colonels aide-de-camp.
E. The governor may, by executive orders, proclamations or regulations not inconsistent with law, enforce all the provisions of the New Mexico Military Code.
History: 1978 Comp., § 20-1-4, enacted by Laws 1987, ch. 318, § 4; 2021, ch. 55, § 1.
Cross references. — For governor as commander in chief of national guard, see N.M. Const., art. XVIII, § 1.
The 2021 amendment, effective June 18, 2021, provided that the adjutant general is the commanding general of New Mexico and that the deputy adjutant general is the deputy commanding general of New Mexico; added a new Subsection B and redesignated former Subsections B through D as Subsections C through E, respectively; and in Subsection E, added "New Mexico" preceding "Military Code".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Military, and Civil Defense §§ 3, 32.
6 C.J.S. Armed Services § 289.
Structure 2021 New Mexico Statutes
Article 1 - General Provisions
Section 20-1-1 - New Mexico Military Code; regulations.
Section 20-1-2 - Laws to conform to United States regulations.
Section 20-1-3 - Armed forces regulations to govern.
Section 20-1-4 - Governor to be commander-in-chief; enforcement of New Mexico Military Code.
Section 20-1-5 - Adjutant general; appointment, powers and duties.
Section 20-1-6 - Payments by state treasurer; certificates of indebtedness.
Section 20-1-7 - Reference to gender.
Section 20-1-8.1 - Military deployment; municipal or county services and utilities discontinued.