No person who may be under indictment or may be generally known as a notorious bad character, or as a disturber of the peace shall be eligible to serve as a deputy sheriff, and sheriffs are hereby prohibited from issuing commissions to such persons as deputy sheriffs, and it is hereby made the duty of the judge of the district court upon complaint being made that the provisions of this section have been violated to investigate the same, and if found to be true, such judge of the district court is hereby given authority to revoke any such commission given by any sheriff contrary to the provisions of this section.

History: Laws 1905, ch. 120, § 1; Code 1915, § 1257; C.S. 1929, § 33-4413; 1941 Comp., § 15-3810; 1953 Comp., § 15-40-10.

Cross references. — For additional qualifications pertaining to deputy sheriffs, see 4-41-10 NMSA 1978.

For applicability of the Criminal Offender Employment Act to law enforcement agencies, see 28-2-5 NMSA 1978.

Special deputy. — Sheriff can commission as special deputy sheriff a full-time law enforcement officer employed by a municipality, the Navajo tribe or the federal government. The applicants, of course, would have to secure the appointment from the sheriff of the county in which they wish to act and qualify in accordance with this section, 29-1-9 and 4-41-10 NMSA 1978, and any other statutes of the state of New Mexico pertaining to the qualification of deputy sheriffs. 1957 Op. Att'y Gen. No. 57-83.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables § 10.

80 C.J.S. Sheriffs and Constables § 37.