2021 New Mexico Statutes
Article 1 - District Attorneys
Section 36-1-1 - [Oath and bond of district attorneys.]

Each district attorney shall, within sixty days after his election, qualify by filing in the office of the secretary of state, an oath of office as prescribed for other officers and a good and sufficient bond to be approved by a justice of the supreme court in the sum of five thousand dollars [($5,000)].
History: Laws 1909, ch. 22, § 1; Code 1915, § 1857; C.S. 1929, § 39-101; 1941 Comp., § 17-101; 1953 Comp., § 17-1-1.
Bracketed material. — The bracketed material was inserted by the compiler.
Compiler's notes. — The 1915 Code compilers omitted the first part of this section which read: "For each district attorney's district as now or hereafter established by law, the governor shall, by and with the consent of the legislative council, appoint a competent attorney at law as district attorney, who shall hold his office for a period of two years, and until his successor shall have been appointed and qualified" and substituted "election" for "appointment."
Cross references. — For compensation of district attorneys, see 36-1-6 and 36-1-7 NMSA 1978.
For removal of district attorneys generally, see 36-1-9 to 36-1-17 NMSA 1978.
For duties of district attorneys generally, see 36-1-18 NMSA 1978.
For constitutional provision relating to qualifications, election, term of office, duties and compensation of district attorneys, see N.M. Const., art. VI, § 24.
For oath of office of elected officers, see N.M. Const., art. XX, § 1.
For filling of vacancies in offices of district attorneys, see N.M. Const., art. XX, § 4.
The office of district attorney was created by N.M. Const., art. VI, § 24. State ex rel. Ward v. Romero, 1912-NMSC-011, 17 N.M. 88, 125 P. 617.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 C.J.S. District and Prosecuting Attorneys § 5.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 36 - Attorneys

Article 1 - District Attorneys

Section 36-1-1 - [Oath and bond of district attorneys.]

Section 36-1-2 - Assistants; appointment; revocation; duties.

Section 36-1-3 - District attorneys; travel expenses.

Section 36-1-4 - District attorneys; limitation of private practice.

Section 36-1-5 - District attorneys; assistants; investigators.

Section 36-1-6 - District attorneys; salaries.

Section 36-1-7 - District attorneys; salary and allowances exclusive.

Section 36-1-8 - District attorneys; payments of salaries and expenses.

Section 36-1-8.1 - District attorney facilities; maintenance and upkeep.

Section 36-1-8.2 - Eleventh judicial district; two district attorney divisions.

Section 36-1-8.3 - District attorneys; election; residence.

Section 36-1-8.4 - District attorneys; assistants.

Section 36-1-9 - [Removal from office; grounds enumerated.]

Section 36-1-10 - [Original jurisdiction of supreme court in removal proceedings.]

Section 36-1-11 - [Attorney general to prosecute removal proceedings; exceptions.]

Section 36-1-12 - [Service upon accused; appearance and answer.]

Section 36-1-13 - [Contents and nature of answer.]

Section 36-1-14 - [Hearing and determination when defendant fails to appear.]

Section 36-1-15 - [Issues to be tried without jury; applicability of Rules of Civil Procedure; burden of proof.]

Section 36-1-16 - [Decision of court to be final.]

Section 36-1-17 - [No filing fee; taxation of costs.]

Section 36-1-18 - Duties of district attorney.

Section 36-1-19 - Legal representation; state; county.

Section 36-1-20 - [Authority of district attorney before magistrate court.]

Section 36-1-21 - [Aiding defense; penalty against attorney general or district attorney; removal from office; exceptions; taking case in which state or county interested prohibited.]

Section 36-1-22 - [Compromise, satisfaction or release by attorney general or district attorney.]

Section 36-1-23 - Terminated.

Section 36-1-23.1 - Special prosecutors in conflict cases.

Section 36-1-24 - Terminated.

Section 36-1-25 - Administrative office of the district attorneys created; director; personnel.

Section 36-1-26 - Director; duties.

Section 36-1-27 - Repealed.

Section 36-1-28 - District attorney fund; created; administration; purpose.