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.

History: Laws 1909, ch. 36, § 21; Code 1915, § 3974; C.S. 1929, § 96-125; 1941 Comp., § 10-322; 1953 Comp., § 5-3-22.

Compiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.

Cross references. — For presentment of accusation by district attorney, see 10-4-17 NMSA 1978.

For deputy sheriff's commission being revoked by district judge, see 4-41-8 NMSA 1978.

Citation or order necessary. — A citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has power to proceed to hear the matter of suspension. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.

Proceedings for removal and suspension are separate and distinct, and each requires its own citation as a basis for jurisdiction, although the latter is auxiliary to the former. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197.

Jurisdiction of preliminary investigations. — District courts are without jurisdiction to entertain preliminary investigations except as provided in this section and Section 10-4-25 NMSA 1978, and jurisdiction assumed outside of these sections is properly restrained by a writ of prohibition. State ex rel. Harvey v. Medler, 1914-NMSC-055, 19 N.M. 252, 142 P. 376.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 504.