Section 36-1-9 - [Removal from office; grounds enumerated.]

NM Stat § 36-1-9 (2019) (N/A)
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Any district attorney may be removed from office according to the provisions of this act [36-1-9 to 36-1-17 NMSA 1978] on any of the following grounds:

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 amount to corruption in office or gross immorality rendering the incumbent unfit to fill the office.

History: 1953 Comp., § 17-1-9.1, enacted by Laws 1955, ch. 180, § 1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For engaging in private practice of law by district attorney as ground for removal from office, see 36-1-4 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 16, 39.

27 C.J.S. District and Prosecuting Attorneys § 7.