Any district attorney may be removed from office according to the provisions of this act [36-1-9 to 36-1-17 NMSA 1978] on any of the following grounds:
A. conviction of any felony or of any misdemeanor involving moral turpitude;
B. failure, neglect or refusal to discharge the duties of the office, or failure, neglect or refusal to discharge any duty devolving upon the officer by virtue of his office;
C. knowingly demanding or receiving illegal fees as such officer;
D. failure to account for money coming into his hands as such officer;
E. gross incompetency or gross negligence in discharging the duties of the office;
F. any other act or acts, which in the opinion of the court amount to corruption in office or gross immorality rendering the incumbent unfit to fill the office.
History: 1953 Comp., § 17-1-9.1, enacted by Laws 1955, ch. 180, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For engaging in private practice of law by district attorney as ground for removal from office, see 36-1-4 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 16, 39.
27 C.J.S. District and Prosecuting Attorneys § 7.
Structure 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.