New Mexico Statutes
Article 1 - District Attorneys
Section 36-1-5 - District attorneys; assistants; investigators.

A. Within legislative appropriations, the district attorney in each judicial district may appoint:
(1) necessary assistant district attorneys and other personnel and assign their duties; and
(2) full-time staff as peace officers for the purpose of investigating and enforcing the criminal laws of the state, within the district attorney's judicial district.
B. Those staff appointed as peace officers pursuant to the provisions of Paragraph (2) of Subsection A of this section shall comply with the certification provisions of Section 29-7-8 NMSA 1978 [repealed].
History: 1953 Comp., § 17-1-3.3, enacted by Laws 1968, ch. 69, § 52; 1988, ch. 92, § 2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 1993, ch. 255, § 11 repealed 29-7-8 NMSA 1978 effective July 1, 1993.
Assistant district attorneys. — Attorney who was part of the Medicaid Providers Fraud Control Unit and was appointed a special assistant district attorney could not prosecute a criminal sexual penetration case for a local district attorney, where the state conceded there was no reason why the district attorney could not have prosecuted the case. State v. Hollenbeck, 1991-NMCA-060, 112 N.M. 275, 814 P.2d 143.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 10 to 14, 19, 42.
27 C.J.S. District and Prosecuting Attorneys §§ 27 to 31.

Structure New Mexico Statutes

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.