No district attorney shall receive to his own use any salary, fees or emoluments other than the salary and per diem and travel allowances prescribed by law.
History: Laws 1913, ch. 54, § 2; Code 1915, § 1870; C.S. 1929, § 39-202; 1941 Comp., § 17-104; 1953 Comp., § 17-1-4; Laws 1968, ch. 69, § 53.
Legal services for board of county commissioners. — There are no legal services that can be rendered by a district attorney for a board of county commissioners for which he may exact extra compensation. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282.
Fees and compensation of assistant district attorneys. — District attorneys are precluded from receiving fees or compensation other than the salary provided by law for services rendered the counties of their district. The duties of assistant district attorneys are the same as those imposed on district attorneys, and the inhibition applies to those officials as well. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 18, 41.
27 C.J.S. District and Prosecuting Attorneys § 22.
Structure 2021 New Mexico Statutes
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 36-1-16 - [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 36-1-22 - [Compromise, satisfaction or release by attorney general or district attorney.]
Section 36-1-23.1 - Special prosecutors in conflict cases.
Section 36-1-25 - Administrative office of the district attorneys created; director; personnel.
Section 36-1-26 - Director; duties.
Section 36-1-28 - District attorney fund; created; administration; purpose.