County Sheriff

NMSA 1978 ch. 4, art. 41

in effect

NMSA 1978, § 4-41-2 [Duties.]

4-41-2. [Duties.] The sheriff shall be conservator of the peace within his county; shall suppress assaults and batteries, and apprehend and commit to jail, all felons and traitors, and cause all offenders to keep the peace and to appear at the next term of the court and answer such charges as may be preferred against them. Kearny Code, Sheriffs, § 4; C.L. 1865, ch. 99, § 3; C.L. 1884, § 398; C.L. 1897, § 734; Code 1915, § 1260; C.S. 1929, § 33-4416; 1941 Comp., § 15-3802; 1953 Comp., § 15-40-2.

NMSA 1978, § 4-41-3 [Failure to execute bond and oath; performing duties; penalty.]

4-41-3. [Failure to execute bond and oath; performing duties; penalty.] Any person who shall enter upon or attempt to execute any official duty as sheriff or as ex-officio collector, without having first executed and filed his official bond and oath of office as above required, shall be deemed guilty of a misdemeanor, and upon conviction in the district court, shall be fined in any sum not exceeding three hundred dollars [($300)], in the discretion of the court. Laws 1876, ch. 16, § 5; C.L. 1884, § 386; C.L. 1897, § 724; Code 1915, § 1250; C.S. 1929, § 33-4406; 1941 Comp., § 15-3806; 1953 Comp., § 15-40-6.

NMSA 1978, § 4-41-4 [Exercising powers after removal; penalty.]

4-41-4. [Exercising powers after removal; penalty.] If any such sheriff, after being removed as provided by law, shall attempt to exercise any of the rights or powers of said office, or shall fail or refuse to turn over the office to the person appointed to succeed him, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in the district court, shall be punished by a fine not exceeding three hundred dollars [($300)], or by imprisonment not exceeding three months, in the discretion of the court before which the cause may be tried. Laws 1876, ch. 16, § 9; C.L. 1884, § 390; C.L. 1897, § 727; Code 1915, § 1252; C.S. 1929, § 33-4408; 1941 Comp., § 15-3808; 1953 Comp., § 15-40-8.

NMSA 1978, § 4-41-5 Deputy sheriffs; appointment and term; merit system

4-41-5. Deputy sheriffs; appointment and term; merit system The sheriffs in all the counties of this state shall have power to appoint deputies, who shall remain in office at the pleasure of such sheriffs; except that in counties which have established a merit system by ordinance, the provisions of the ordinance shall control the demotion and discharge of deputies and other employees of the sheriff's office, except for one under-sheriff and an executive secretary, both of whom shall hold exempt positions. Laws 1855-1856, ch. 2, § 1; C.L. 1865, ch. 99, § 9; C.L. 1884, § 401; C.L. 1897, § 737; Code 1915, § 1255; C.S. 1929, § 33-4411; 1941 Comp., § 15-3809; 1953 Comp., § 15-40-9; Laws 1975, ch. 11, § 3.

NMSA 1978, § 4-41-6 Counties authorized to establish merit systems for deputies and personnel in the county sheriff's office

4-41-6. Counties authorized to establish merit systems for deputies and personnel in the county sheriff's office Each county is authorized and empowered to establish by ordinance a merit system for the hiring, promotion, discharge and general regulation of the deputies and the employees of the county sheriff's office. The ordinance may, in the discretion of the board of county commissioners, provide for the classification of deputies and other employees and their probationary periods, service ratings, pay scales and ranges, the number of hours of work per week and the methods of employment, promotion, demotion and discharge of such deputies and employees within the limits provided by law. 1953 Comp., § 15-40-9.1, enacted by Laws 1975, ch. 11, § 1.

NMSA 1978, § 4-41-7 Provisions of merit system constitute part of employment contract

4-41-7. Provisions of merit system constitute part of employment contract In all cases of employment by county sheriffs of deputies, clerks and other personnel to positions covered by the merit system subsequent to the passage of an ordinance establishing a merit system, the contract of employment between the deputy or employee and the sheriff shall be considered to contain the provisions of the ordinance and all regulations issued pursuant thereto. The provisions of an ordinance and all regulations issued pursuant thereto shall become part of the contract of employment between the sheriff and all employees of the sheriff's office in positions covered by the merit system when the employment relationship exists at the time of the passage of the ordinance, unless the employee files with the county clerk, within ten days of the passage of the ordinance, a declaration stating that the employee does not desire to have the provisions of the ordinance, together with the regulations issued pursuant thereto, included as a part of his contract of employment. 1953 Comp., § 15-40-9.2, enacted by Laws 1975, ch. 11, § 2.

NMSA 1978, § 4-41-8 [Deputy sheriff; qualifications; character; revocation of commission.]

4-41-8. [Deputy sheriff; qualifications; character; revocation of commission.] No person who may be under indictment or may be generally known as a notorious bad character, or as a disturber of the peace shall be eligible to serve as a deputy sheriff, and sheriffs are hereby prohibited from issuing commissions to such persons as deputy sheriffs, and it is hereby made the duty of the judge of the district court upon complaint being made that the provisions of this section have been violated to investigate the same, and if found to be true, such judge of the district court is hereby given authority to revoke any such commission given by any sheriff contrary to the provisions of this section. Laws 1905, ch. 120, § 1; Code 1915, § 1257; C.S. 1929, § 33-4413; 1941 Comp., § 15-3810; 1953 Comp., § 15-40-10.

NMSA 1978, § 4-41-9 Powers of deputy sheriff

4-41-9. Powers of deputy sheriff Deputies are authorized to discharge all the duties that belong to the office of sheriff that may be placed under their charge by their principals, with the same effect as though they were executed by the respective sheriffs. If there is a vacancy in the office of sheriff, the highest-ranking deputy sheriff or under-sheriff, who is qualified to hold the office of sheriff, shall exercise the powers of sheriff until a sheriff is appointed and qualified. Laws 1855-1856, ch. 2, § 3; C.L. 1865, ch. 99, § 11; C.L. 1884, § 403; C.L. 1897, § 740; Code 1915, § 1259; C.S. 1929, § 33-4415; 1941 Comp., § 15-3811; 1953 Comp., § 15-40-11; 1978 Comp., § 4-41-9, 2017, ch. 56, § 1.

NMSA 1978, § 4-41-10 Right to carry arms; deputies; appointment

4-41-10. Right to carry arms; deputies; appointment All sheriffs shall at all times be considered as in the discharge of their duties and be allowed to carry arms on their persons. On the appointment of any regular or permanent deputy sheriff, it shall be the duty of the sheriff to file one notice of the appointment in the office of the county clerk of the sheriff's county and one notice of the appointment in the office of the clerk of the district court of that county, and each of the sheriff's deputies shall file an oath of office in the office of the county clerk. Any sheriff is hereby authorized at any time to appoint respectable and orderly persons as special deputies to serve any particular order, writ or process or when in the opinion of any sheriff the appointment of special deputies is necessary and required for the purpose of preserving the peace, and it shall not be necessary to give or file any notice of such special appointment; however, the provision authorizing the carrying of concealed arms shall not apply to such persons. Provided, no person shall be eligible to appointment as a deputy sheriff unless the person is a citizen of the United States of America. There shall be no additional fees or per diem paid by the counties for any additional deputies other than as provided by law. Laws 1891, ch. 63, § 4; C.L. 1897, § 738; Laws 1901, ch. 5, § 1; Code 1915, § 1258; C.S. 1929, § 33-4414; 1941 Comp., § 15-3812; 1953 Comp., § 15-40-12; 1983, ch. 182, § 1; 2006, ch. 30, § 1.

NMSA 1978, § 4-41-10.1 [Right to carry concealed arms.]

4-41-10.1. [Right to carry concealed arms.] Notwithstanding anything contained herein to the contrary, only fully certified sheriffs and full-time certified deputy sheriffs shall be allowed to carry concealed arms. Laws 1983, ch. 182, § 2.

NMSA 1978, § 4-41-11 [Injuries to sheriff or deputy while making arrest; medical expenses; limitation.]

4-41-11. [Injuries to sheriff or deputy while making arrest; medical expenses; limitation.] Whenever any sheriff or deputy sheriff has been or may be hereafter wounded or injured while in pursuit of or attempting to arrest any person accused of any crime in this state, and shall make affidavit fully setting forth the facts of his said wounding or injury, and shall also make affidavit that he is a poor person and that he is unable to pay for proper medical or surgical attention, or that his family is unable to do so for him or furnish support for himself or family, and said affidavit shall be supported by the affidavit of two disinterested freeholders of the county, not more than one of whom shall be from the same precinct, then upon the presenting of said affidavits to the board of county commissioners of the county wherein said sheriff or deputy sheriff was an officer at the time of his said injury or wounding, they may allow from the county treasury a sum of money, which to them shall seem reasonable, to be used for the benefit of said wounded or injured officer for medical or surgical attention or for the removal of said officer to some hospital or for the immediate relief of his family: provided, that no such sum or sums of money shall altogether exceed five hundred dollars [($500)]. Laws 1889, ch. 104, § 1; C.L. 1897, § 742; Code 1915, § 1261; C.S. 1929, § 33-4417; 1941 Comp., § 15-3813; 1953 Comp., § 15-40-13.

NMSA 1978, § 4-41-11.1 Qualifications; waiver

4-41-11.1. Qualifications; waiver A. Court security officers of county sheriff departments of class A counties shall meet all the prerequisites for permanent appointment as peace officers as stated in Section 29-7-8 NMSA 1978 [repealed]. B. All court security officers provided for pursuant to Subsection A of this section shall be commissioned as peace officers with full powers and responsibilities while within the confines of the county courthouse or as otherwise specified by the court. C. Court security officers employed by county sheriff departments of class A counties on January 1, 1977 shall be exempted from the provisions of Subsection A of this section. Laws 1981, ch. 82, § 1.

NMSA 1978, § 4-41-12 [Entering other counties; powers.]

4-41-12. [Entering other counties; powers.] The various sheriffs of the several counties of this state shall have the right to enter any county of this state, or any part of this state, for the purpose of arresting any person charged with crime, whether the county so entered be the same to which the sheriff so entering was elected or not; and the deputies of said sheriffs shall have the same power as is conferred on the sheriffs, and any sheriff entering any county as above mentioned, shall have the same power to call out the power of said county to aid him, as is conferred on sheriffs in their own counties. Laws 1868-1869, ch. 33, § 1; C.L. 1884, § 395; C.L. 1897, § 731; Code 1915, § 1262; C.S. 1929, § 33-4418; 1941 Comp., § 15-3814; 1953 Comp., § 15-40-14.

NMSA 1978, § 4-41-13 [Execution of process of probate court; attendance.]

4-41-13. [Execution of process of probate court; attendance.] It is hereby made the duty of the sheriffs of the several counties of this state to serve and execute all process directed to them by said judges of probate in their respective counties, and shall be subject to fine and amercement as provided by law for the neglect or refusal to discharge the duties required of them; and it is hereby made the duty of the sheriff of each county, or his deputy, to attend the probate court of his county, under the direction of the judge thereof. Laws 1887, ch. 66, § 2; C.L. 1897, § 753; Code 1915, § 1264; C.S. 1929, § 33-4420; 1941 Comp., § 15-3815; 1953 Comp., § 15-40-15.

NMSA 1978, § 4-41-14 Sheriff to serve and execute process and orders of magistrate [and municipal] courts

4-41-14. Sheriff to serve and execute process and orders of magistrate [and municipal] courts The sheriff or his deputy shall serve and execute, according to law: A. all process, writs and orders directed to him by the judges of the magistrate courts; and B. criminal process directed to him by the municipal judge of any incorporated municipality in the state if the criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs and if the municipal judge from whose court the process has issued has made satisfactory arrangements with the sheriff for payment for the services to be rendered. 1953 Comp., § 15-40-15.1, enacted by Laws 1975, ch. 242, § 1; 1988, ch. 88, § 2.

NMSA 1978, § 4-41-15 [Fees; payment in advance.]

4-41-15. [Fees; payment in advance.] The party at whose application any civil writ, subpoena or process, except execution, is issued, shall pay in advance, if so demanded by the sheriff, the fees allowed by law for such services. Laws 1895, ch. 35, § 3; C.L. 1897, § 1801; Code 1915, § 1268; C.S. 1929, § 33-4424; 1941 Comp., § 15-3817; 1953 Comp., § 15-40-17.

NMSA 1978, § 4-41-16 Fees; attendance on courts; sessions of county commissioners; hearing before judges

4-41-16. Fees; attendance on courts; sessions of county commissioners; hearing before judges A. The sheriffs of this state shall be allowed, except from the state or any state agency, the following fees and compensations: (1) for serving every writ, citation, order, subpoena or summons, not more than forty dollars ($40.00); (2) for every writ of capias or attachment for each defendant, six dollars ($6.00); (3) for taking and returning every bond required by law, five dollars ($5.00); (4) for levying every execution and return of same, six dollars ($6.00); (5) for making, executing and delivering every sheriff's deed, to be paid by the purchaser, six dollars ($6.00); (6) for every return of non est inventus, fifty cents ($.50); and (7) for making every return of any process, order, summons, citation or decree of any court, two dollars ($2.00). No sheriff shall collect more than one of the fees listed in this subsection, regardless of how many documents may be served upon one or more individuals, when those documents are served at the same time and at the same location. B. In the service of any subpoena or summons for witnesses, the sheriff shall be allowed compensation of one dollar ($1.00) for each of the witnesses so summoned by the sheriff, notwithstanding that the name of the witness may appear in but one copy of the subpoena or summons. C. It is the duty of the sheriffs of the state to attend: (1) the sessions of every district court, which attendance shall be paid in the manner now provided by law; (2) all sessions of the probate court and sessions of the boards of county commissioners, which attendance shall be paid sheriffs out of the general county funds of the county in which the services were rendered; and (3) at the trial or hearing before magistrates in felony cases, where the arrest is made by the sheriff, either with or without a warrant, which attendance shall be paid as provided in this section out of the general county funds; but sheriffs shall not be allowed any compensation for attending at the trial of any misdemeanor case before any magistrate unless a sheriff made the arrest in the misdemeanor case. Laws 1895, ch. 35, § 1; C.L. 1897, § 1799; Laws 1907, ch. 19, § 1; 1909, ch. 16, § 1; Code 1915, § 1266; C.S. 1929, § 33-4422; 1941 Comp., § 15-3818; 1953 Comp., § 15-40-18; Laws 1959, ch. 270, § 1; 1976, ch. 51, § 1; 1977, ch. 94, § 1; 1980, ch. 42, § 1; 1985, ch. 120, § 1; 1987, ch. 300, § 1; 1996, ch. 43, § 1; 2008, ch. 65, § 1.

NMSA 1978, § 4-41-17 [Executions; commissions and expenses.]

4-41-17. [Executions; commissions and expenses.] For commissions for receiving or paying moneys on executions, where lands, goods or chattels have been levied upon, advertised and sold, four per centum on the first five hundred dollars [($500)], and two percent on all sums above that; also the actual expenses incurred in taking care of any such goods or chattels so levied upon, between the day of levy and sale; and one-half of said commission, when the money has been paid without making levy or sale. Laws 1895, ch. 35, § 2; C.L. 1897, § 1800; Code 1915, § 1267; C.S. 1929, § 33-4423; 1941 Comp., § 15-3819; 1953 Comp., § 15-40-19.

NMSA 1978, § 4-41-18 [Fees; service of jury venire.]

4-41-18. [Fees; service of jury venire.] The sheriff shall receive ten dollars [($10.00)] for the service of any jury venire, and shall be paid the regular rates of mileage hereinafter provided, for each mile actually and necessarily traveled in serving said jury venire. Laws 1895, ch. 35, § 4; C.L. 1897, § 1802; Code 1915, § 1269; C.S. 1929, § 33-4425; 1941 Comp., § 15-3820; 1953 Comp., § 15-40-20.

NMSA 1978, § 4-41-19 County peace officers and constables; mileage; conditions

4-41-19. County peace officers and constables; mileage; conditions A. Peace officers and constables shall be allowed mileage or the distance actually and necessarily traveled by privately owned conveyance in serving any judicial process. B. In serving any jury venire, a sheriff, deputy sheriff, constables [constable] or other county peace officer shall charge for the actual mileage traveled and necessary in providing service of jury venire. C. If more than one peace officer or constable travels in one privately owned conveyance in the performance of official business, only the officer owning the conveyance used shall be reimbursed. 1953 Comp., § 15-40-21.1, enacted by Laws 1961, ch. 253, § 2; 1963, ch. 9, § 1.

NMSA 1978, § 4-41-20 Sheriffs, deputy sheriffs and other county peace officers; public transportation; reimbursement

4-41-20. Sheriffs, deputy sheriffs and other county peace officers; public transportation; reimbursement Whenever a sheriff, deputy sheriff or other county peace officer utilizes public transportation in the performance of any official business within or without the state he shall be reimbursed for the actual cost of the fare and shall not be paid mileage. The mode of public transportation used shall be the most economical possible, considering all the expenses and circumstances. 1953 Comp., § 15-40-21.2, enacted by Laws 1961, ch. 253, § 3.

NMSA 1978, § 4-41-21 [More than one subpoena, summons or prisoner; no extra charge.]

4-41-21. [More than one subpoena, summons or prisoner; no extra charge.] It is distinctly provided that when more than one subpoena or summons or service is made or performed upon more than one person in the same town or place, or when more than one prisoner is conducted from one place to another, the sheriff shall not charge more nor receive any mileage in excess of that which he would be entitled to for serving one subpoena in such place, or conducting one prisoner from one place to another: and provided, further, that in service of subpoena or summons in more than one town or place along the same route, the sheriff shall not be entitled to any greater mileage than that of the most distant point actually and necessarily traveled to in the discharge of his duties, with the additional mileage earned in actual and necessary travel from, and in returning to, the place of departure from any general route as aforesaid. Laws 1895, ch. 35, § 6; C.L. 1897, § 1804; Code 1915, § 1272; C.S. 1929, § 33-4428; 1941 Comp., § 15-3822; 1953 Comp., § 15-40-22.

NMSA 1978, § 4-41-22 [Other fees.]

4-41-22. [Other fees.] For all other services and expenses, except those mentioned in this article, the sheriff shall receive the fees and compensation fixed by law for such services and expenses. Laws 1895, ch. 35, § 8; C.L. 1897, § 1806; Code 1915, § 1273; C.S. 1929, § 33-4429; 1941 Comp., § 15-3823; 1953 Comp., § 15-40-23.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18505/index.doFetched: 10/20/2026