Each district attorney shall, within sixty days after his election, qualify by filing in the office of the secretary of state, an oath of office as prescribed for other officers and a good and sufficient bond to be approved by a justice of the supreme court in the sum of five thousand dollars [($5,000)].

History: Laws 1909, ch. 22, § 1; Code 1915, § 1857; C.S. 1929, § 39-101; 1941 Comp., § 17-101; 1953 Comp., § 17-1-1.

Bracketed material. — The bracketed material was inserted by the compiler.

Compiler's notes. — The 1915 Code compilers omitted the first part of this section which read: "For each district attorney's district as now or hereafter established by law, the governor shall, by and with the consent of the legislative council, appoint a competent attorney at law as district attorney, who shall hold his office for a period of two years, and until his successor shall have been appointed and qualified" and substituted "election" for "appointment."

Cross references. — For compensation of district attorneys, see 36-1-6 and 36-1-7 NMSA 1978.

For removal of district attorneys generally, see 36-1-9 to 36-1-17 NMSA 1978.

For duties of district attorneys generally, see 36-1-18 NMSA 1978.

For constitutional provision relating to qualifications, election, term of office, duties and compensation of district attorneys, see N.M. Const., art. VI, § 24.

For oath of office of elected officers, see N.M. Const., art. XX, § 1.

For filling of vacancies in offices of district attorneys, see N.M. Const., art. XX, § 4.

The office of district attorney was created by N.M. Const., art. VI, § 24. State ex rel. Ward v. Romero, 1912-NMSC-011, 17 N.M. 88, 125 P. 617.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 C.J.S. District and Prosecuting Attorneys § 5.