New Mexico Statutes
Article 1 - General Provisions
Section 20-1-5 - Adjutant general; appointment, powers and duties.

In case of a vacancy, the governor shall appoint as the adjutant general of New Mexico for a term of five years an officer who for three years immediately preceding the appointment as the adjutant general of New Mexico has been federally recognized as an officer in the national guard of New Mexico and who during service in the national guard of New Mexico has received federal recognition in the rank of colonel or higher. The adjutant general shall not be removed from office during the term for which appointed, except for cause to be determined by a court-martial or efficiency board legally convened for that purpose in the manner prescribed by the national guard regulations of the United States department of defense. The adjutant general shall have the military grade of major general and shall receive the same pay and allowances as is prescribed by federal law and regulations for members of the active military in the grade of major general, unless a different rate of pay and allowances is specified in the annual appropriations bill. The adjutant general may promulgate rules for the conduct of courts-martial and punishments under the Code of Military Justice [Chapter 20, Article 12 NMSA 1978]. Such procedural rules shall be consistent with and carry into effect the New Mexico Military Code and afford reasonable due process to criminal defendants. The adjutant general shall:
A. prepare and publish, by order of the governor, such orders, rules and regulations, consistent with law, as are necessary to maintain the military forces in a state of efficiency in conformity with the needs of the state and the federal defense requirements;
B. supervise the receipt, preservation, repair, distribution, issue and collection of all arms and military equipment of the state;
C. supervise all personnel, organizations, facilities, equipment, supplies and funds of the military forces;
D. maintain records of all members of the military forces and keep on file in the adjutant general's offices copies of all orders, reports, regulations and communications received and issued by the adjutant general;
E. perform such other duties as may be required by the commander-in-chief; and
F. have a seal of office.
History: 1978 Comp., § 20-1-5, enacted by Laws 1987, ch. 318, § 5; 2018, ch. 6, § 1; 2021, ch. 55, § 2.
The 2021 amendment, effective June 18, 2021, authorized the adjutant general to promulgate rules for the conduct of courts-martial and punishments under the Code of Military Justice; after "appointment", added "powers"; and added "The adjutant general may promulgate rules for the conduct of courts-martial and punishments under the Code of Military Justice. Such procedural rules shall be consistent with and carry into effect the New Mexico Military Code and afford reasonable due process to criminal defendants.".
The 2018 amendment, effective July 1, 2018, increased the rank required to be appointed adjutant general; in the introductory paragraph, after "recognition in the rank of", deleted "major" and added "colonel"; and in Subsection D, after "on file in", deleted "his" and added "adjutant general's", and after "issued by", deleted "him" and added "the adjutant general".
Offices of adjutant general. — The adjutant general of state holds two offices, one a civil office and the other that of brigadier general (now major general) of the national guard of the state, and when ordered to duty as national guard officer he is entitled to pay in both capacities. 1934 Op. Att'y Gen. No. 34-805.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Incompatibility of offices of judge and national guard officer, 26 A.L.R. 142, 132 A.L.R. 254, 147 A.L.R. 1419, 148 A.L.R. 1399, 150 A.L.R. 1444.
Incompatibility of offices or positions in the military, and in the civil service, 132 A.L.R. 254, 147 A.L.R. 1419, 148 A.L.R. 1399, 150 A.L.R. 1444.
6 C.J.S. Armed Services § 291.

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