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Section 10-4-3 - [Grand jury accusation.]

NM Stat § 10-4-3 (2019) (N/A)
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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.

History: Laws 1909, ch. 36, § 4; Code 1914, § 3957; C.S. 1929, § 96-108; 1941 Comp., § 10-305; 1953 Comp., § 5-3-5.

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.

When order to show cause necessary. — A citation or order to an officer to show cause why he should not be suspended from office until final determination of 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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 510.

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Section 10-4-2 - [Causes for removal of local officers.]
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Section 10-4-4 - [Form of accusation.]