Removal of Local Officers

NMSA 1978 ch. 10, art. 4

in effect

NMSA 1978, § 10-4-1 Local officers subject to removal

10-4-1. Local officers subject to removal Any officer of a political subdivision of the state elected by the people and any officer appointed to fill out the unexpired term of any such officer may be removed from office on any of the grounds mentioned in and according to the provisions of Sections 10-4-1 through 10-4-29 NMSA 1978. Laws 1909, ch. 36, § 1; Code 1915, § 3954; C.S. 1929, § 96-105; 1941 Comp., § 10-303; 1953 Comp., § 5-3-3; 2018, ch. 79, § 82.

NMSA 1978, § 10-4-2 [Causes for removal of local officers.]

10-4-2. [Causes for removal of local officers.] The following shall be causes for removal of any officer belonging to the class mentioned in the preceding section [10-4-1 NMSA 1978]: 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 or jury amount to corruption in office or gross immorality rendering the incumbent unfit to fill the office. Laws 1909, ch. 36, § 2; Code 1915, § 3955; C.S. 1929, § 96-106; 1941 Comp., § 10-304; 1953 Comp., § 5-3-4.

NMSA 1978, § 10-4-3 [Grand jury accusation.]

10-4-3. [Grand jury accusation.] An accusation in writing against any officer belonging to the class of officers mentioned in Section 10-4-1 NMSA 1978, charging any of the matters mentioned in this chapter as sufficient ground for removal, may be presented by the grand jury to the district court of the county in or for which the officer accused is elected. Laws 1909, ch. 36, § 4; Code 1914, § 3957; C.S. 1929, § 96-108; 1941 Comp., § 10-305; 1953 Comp., § 5-3-5.

NMSA 1978, § 10-4-4 [Form of accusation.]

10-4-4. [Form of accusation.] The accusation must state the offense charged in ordinary and concise language without repetition and in such manner as to enable a person of common understanding to know what is intended. Laws 1909, ch. 36, § 5; Code 1915, § 3958; C.S. 1929, § 96-109; 1941 Comp., § 10-306; 1953 Comp., § 5-3-6.

NMSA 1978, § 10-4-5 [Presentment of grand jury accusation; service on defendant; return day.]

10-4-5. [Presentment of grand jury accusation; service on defendant; return day.] The accusation must be presented in open court, and the judge, after receiving the same, must forthwith cause it to be transmitted to the district attorney who must cause a copy thereof to be served upon the defendant and require by written notice that such defendant appear before the district court at a date to be named in the notice, which shall be not less than five nor more than ten days after service of a copy of such notice, and answer the accusation. Laws 1909, ch. 36, § 6; Code 1915, § 3959; C.S. 1929, § 96-110; 1941 Comp., § 10-307; 1953 Comp., § 5-3-7.

NMSA 1978, § 10-4-6 [Defendant's appearance or default.]

10-4-6. [Defendant's appearance or default.] The defendant must appear at the time appointed in the notice and answer the accusation unless for sufficient cause the court has assigned another date for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. Laws 1909, ch. 36, § 7; Code 1915, § 3960; C.S. 1929, § 96-111; 1941 Comp., § 10-308; 1953 Comp., § 5-3-8.

NMSA 1978, § 10-4-7 [Defendant's answer; grounds.]

10-4-7. [Defendant's answer; grounds.] The defendant may answer the accusation either by objecting to the sufficiency thereof, or any portion thereof, or by denying the truth of the same. Laws 1909, ch. 36, § 8; Code 1915, § 3961; C.S. 1929, § 96-112; 1941 Comp., § 10-309; 1953 Comp., § 5-3-9.

NMSA 1978, § 10-4-8 [Objection for insufficiency; form immaterial.]

10-4-8. [Objection for insufficiency; form immaterial.] If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it represents intelligibly the ground of the objection. Laws 1909, ch. 36, § 9; Code 1915, § 3962; C.S. 1929, § 96-113; 1941 Comp., § 10-310; 1953 Comp., § 5-3-10.

NMSA 1978, § 10-4-9 [Criminal procedure made applicable.]

10-4-9. [Criminal procedure made applicable.] All matters of procedure not otherwise provided for in this chapter shall be governed by the laws governing criminal procedure. Laws 1909, ch. 36, § 10; Code 1915, § 3963; C.S. 1929, § 96-114; 1941 Comp., § 10-311; 1953 Comp., § 5-3-11.

NMSA 1978, § 10-4-10 [Guilty plea; judgment; denial or refusal to plead; trial.]

10-4-10. [Guilty plea; judgment; denial or refusal to plead; trial.] If the defendant pleads guilty, the court must render judgment of conviction against him. If he denied the matters charged or refuses to answer the accusation, the court must immediately, or at such time as it may appoint, proceed to try the accusation. Laws 1909, ch. 36, § 11; Code 1915, § 3964; C.S. 1929, § 96-115; 1941 Comp., § 10-312; 1953 Comp., § 5-3-12.

NMSA 1978, § 10-4-11 [Precedence in trial.]

10-4-11. [Precedence in trial.] As soon as the case is at issue, it must be immediately set down for trial and shall have precedence over all other cases on the docket. Laws 1909, ch. 36, § 12; Code 1915, § 3965; C.S. 1929, § 96-116; 1941 Comp., § 10-313; 1953 Comp., § 5-3-13.

NMSA 1978, § 10-4-12 [Jury trial required; procedure.]

10-4-12. [Jury trial required; procedure.] The trial must be by jury and conducted in all respects in the same manner as a trial on an information or indictment for a misdemeanor. Laws 1909, ch. 36, § 13; Code 1915, § 3966; C.S. 1929, § 96-117; 1941 Comp., § 10-314; 1953 Comp., § 5-3-14.

NMSA 1978, § 10-4-13 [Verdict; form.]

10-4-13. [Verdict; form.] The form of verdict of the jury in such cases shall be "guilty" or "not guilty". Laws 1909, ch. 36, § 14; Code 1915, § 3967; C.S. 1929, § 96-118; 1941 Comp., § 10-315; 1953 Comp., § 5-3-15.

NMSA 1978, § 10-4-14 [Judgment of removal; entry.]

10-4-14. [Judgment of removal; entry.] Upon a conviction the court must pronounce judgment that the defendant be removed from office; and the judgment must be entered upon the minutes assigning therein the causes of removal. Laws 1909, ch. 36, § 15; Code 1915, § 3968; C.S. 1929, § 96-119; 1941 Comp., § 10-316; 1953 Comp., § 5-3-16.

NMSA 1978, § 10-4-15 [Attendance of witnesses.]

10-4-15. [Attendance of witnesses.] The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an information or indictment. Laws 1909, ch. 36, § 16; Code 1915, § 3969; C.S. 1929, § 96-120; 1941 Comp., § 10-317; 1953 Comp., § 5-3-17.

NMSA 1978, § 10-4-16 [Appeal; suspension pending reversal; filling vacancy.]

10-4-16. [Appeal; suspension pending reversal; filling vacancy.] From a judgment of removal, appeal may be taken to the supreme court in the same manner as from a judgment in a civil action, but until such judgment is reversed, the defendant is suspended from his office, and pending the appeal, the office must be filled as in case of vacancy. Laws 1909, ch. 36, § 17; Code 1915, § 3970; C.S. 1929, § 96-121; 1941 Comp., § 10-318; 1953 Comp., § 5-3-18.

NMSA 1978, § 10-4-17 [Presentment of accusation by district attorney; vacation; no grand jury in county.]

10-4-17. [Presentment of accusation by district attorney; vacation; no grand jury in county.] The accusation provided for in this chapter may be presented by the district attorney to the judge in vacation or term time at any time when, under the provisions of law there will be no grand jury in the county where the same is presented, for a period of at least twenty days after the presentment of such accusation. Laws 1909, ch. 36, § 18; Code 1915, § 3971; C.S. 1929, § 96-122; 1941 Comp., § 10-319; 1953 Comp., § 5-3-19.

NMSA 1978, § 10-4-18 [Duty of district attorney on receipt of evidence.]

10-4-18. [Duty of district attorney on receipt of evidence.] Whenever sworn evidence is presented to the district attorney showing that any of the officers of the class provided for in this chapter are guilty of any of the matters herein mentioned as causes for removal, he must present the accusation to the court as provided in the next preceding section [10-4-17 NMSA 1978]. Laws 1909, ch. 36, § 19; Code 1915, § 3972; C.S. 1929, § 96-123; 1941 Comp., § 10-320; 1953 Comp., § 5-3-20.

NMSA 1978, § 10-4-19 [Presentment by district attorney; supporting affidavits; procedure.]

10-4-19. [Presentment by district attorney; supporting affidavits; procedure.] When the accusation is presented by the district attorney as provided in the preceding section [10-4-18 NMSA 1978], the same must be supported by sworn affidavit or affidavits, and the court must forthwith investigate the matter, and if a jury is in attendance at the time such accusation is presented, the court must order a citation to the defendant and thenceforth the case must proceed as provided in this chapter where the accusation is by a grand jury. Laws 1909, ch. 36, § 20; Code 1915, § 3973; C.S. 1929, § 96-124; 1941 Comp., § 10-321; 1953 Comp., § 5-3-21.

NMSA 1978, § 10-4-20 [Procedure for suspension from office.]

10-4-20. [Procedure for suspension from office.] If the accusation provided in this chapter, to be presented by the district attorney, is presented at a time when there is no jury in attendance or is presented to the court in vacation, the court, if it deems such action necessary, after ordering a citation to the defendant as provided in the next preceding section [10-4-19 NMSA 1978], may, on application of the district attorney, also order the defendant to appear at a time not less than five nor more than fifteen days after service of such order and at such place as may be mentioned in the order, to show cause why he should not be suspended from office until the matters and things alleged in the accusation have been judicially determined under the provisions of this chapter. Laws 1909, ch. 36, § 21; Code 1915, § 3974; C.S. 1929, § 96-125; 1941 Comp., § 10-322; 1953 Comp., § 5-3-22.

NMSA 1978, § 10-4-21 [Order of suspension.]

10-4-21. [Order of suspension.] On the date provided in the order, if the defendant appears and offers proof, the court must hear the testimony presented by the district attorney and the defendant, and if in the judgment of the court there is reasonable ground to believe that the matters and things stated in the accusation will be established upon a trial, he may forthwith enter an order suspending the officer until after final hearing. Laws 1909, ch. 36, § 22; Code 1915, § 3975; C.S. 1929, § 96-126; 1941 Comp., § 10-323; 1953 Comp., § 5-3-23.

NMSA 1978, § 10-4-22 [Effect of suspension order.]

10-4-22. [Effect of suspension order.] The order of suspension shall operate to relieve the officer from all the duties of the office until the matter is finally determined, and he must forthwith vacate the office and turn over all moneys, books, papers and property belonging thereto to the party appointed to serve until such suspension is removed. Laws 1909, ch. 36, § 23; Code 1915, § 3976; C.S. 1929, § 96-127; 1941 Comp., § 10-324; 1953 Comp., § 5-3-24.

NMSA 1978, § 10-4-23 [Denial of motion to suspend; dismissal of proceedings.]

10-4-23. [Denial of motion to suspend; dismissal of proceedings.] If the court concludes that there is not sufficient ground for suspending the officer, it may enter an order denying the motion to suspend him and hold the matter in statu quo until final hearing, or the court may, in its discretion, dismiss the proceedings. Laws 1909, ch. 36, § 24; Code 1915, § 3977; C.S. 1929, § 96-128; 1941 Comp., § 10-325; 1953 Comp., § 5-3-25.

NMSA 1978, § 10-4-24 [Default of defendant; effect.]

10-4-24. [Default of defendant; effect.] If the defendant fails to appear and answer the order to show cause why he should not be suspended, the court may proceed in his absence as in this chapter provided. Laws 1909, ch. 36, § 25; Code 1915, § 3978; C.S. 1929, § 96-129; 1941 Comp., § 10-326; 1953 Comp., § 5-3-26.

NMSA 1978, § 10-4-25 [Continuance; preliminary investigation required; suspension pending final adjudication.]

10-4-25. [Continuance; preliminary investigation required; suspension pending final adjudication.] Nothing in this chapter shall operate to deprive any defendant of the right to a continuance in any case in which such right would attach in any criminal case as provided by law, but before any case shall be continued, upon application of the defendant, beyond the term of court at which the accusation is presented, or if such accusation is presented in vacation beyond the first term of court after presentment thereof the court may, upon application of the district attorney, make a preliminary investigation as provided in this chapter and suspend the officer, pending a final adjudication of the matters alleged in the accusation. Laws 1909, ch. 36, § 26; Code 1915, § 3979; C.S. 1929, § 96-130; 1941 Comp., § 10-327; 1953 Comp., § 5-3-27.

NMSA 1978, § 10-4-26 [Reinstatement of suspended officer.]

10-4-26. [Reinstatement of suspended officer.] If upon final trial the defendant is found not guilty, he must be reinstated and the party serving during the time of his suspension must immediately vacate the office and return to the defendant all moneys, books, papers and other property in his hands as such officer. Laws 1909, ch. 36, § 27; Code 1915, § 3980; C.S. 1929, § 96-131; 1941 Comp., § 10-328; 1953 Comp., § 5-3-28.

NMSA 1978, § 10-4-27 [Payment of salary after reinstatement; compensation of interim officer.]

10-4-27. [Payment of salary after reinstatement; compensation of interim officer.] If an officer has been suspended as provided in this chapter and reinstated after final trial, he shall receive pay for the entire time of his suspension, and the court may make an order to pay the officer serving during the time of such suspension, such reasonable compensation as his services warrant, which shall be paid out of a fund to be designated by the court. Laws 1909, ch. 36, § 28; Code 1915, § 3981; C.S. 1929, § 96-132; 1941 Comp., § 10-329; 1953 Comp., § 5-3-29.

NMSA 1978, § 10-4-28 [Officer appointed for suspension period; oath and bond; filling vacancy after final removal.]

10-4-28. [Officer appointed for suspension period; oath and bond; filling vacancy after final removal.] When any officer is suspended as provided in this act [chapter], the judge of said court shall appoint some qualified person to discharge the duties of such officer during the period of his suspension, which person shall take the oath and give the bond required of incumbents of such office, and in case the final judgment be for the removal of such accused officer before the expiration of his term, his successor shall be appointed in the manner provided by law for filling vacancies in such office. Laws 1909, ch. 36, § 29; Code 1915, § 3982; Laws 1915, ch. 21, § 1; C.S. 1929, § 96-133; 1941 Comp., § 10-330; 1953 Comp., § 5-3-30.

NMSA 1978, § 10-4-29 [Exclusive method of removal.]

10-4-29. [Exclusive method of removal.] No officer belonging to the class mentioned in Section 10-4-1 NMSA 1978 can be removed from office in any manner except according to the provisions of this chapter. Laws 1909, ch 36, § 30; Code 1915, § 3983; C.S. 1929, § 96-134; 1941 Comp., § 10-331; 1953 Comp., § 5-3-31.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026