2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 1 - Qualifications
Section 10-1-3 - Deputies and assistants convicted of crimes; penalty for appointment or retention.]

It shall be unlawful for any state, county, district, or municipal officer to appoint, employ, or retain as a deputy or assistant any person convicted of a felonious or infamous crime, unless such person has been pardoned or restored to political rights; and any public officer who shall knowingly violate the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not less than one hundred dollars [($100)] nor more than five hundred dollars [($500)] and, in addition to such punishment, shall be removed from office in accordance with the provisions of this chapter.

History: Laws 1912, ch. 44, § 2; Code 1915, § 3952; C.S. 1929, § 96-103; 1941 Comp., § 10-103; 1953 Comp., § 5-1-3.

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

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 persons convicted of crime ineligible for office, see 10-1-2 NMSA 1978.

"Public officer" and "state officer" are synonyms. 1966 Op. Att'y Gen. No. 66-114.

Employment in position other than deputy or assistant. — It would appear that the employment by the commission or the chief highway engineer of a person (convicted of a felonious crime) in any position other than as deputy or assistant to the commission or the chief highway engineer would not violate the statute. 1953-54 Op. Att'y Gen. No. 54-5952.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Conviction of offense under federal law or law of another state or country as vacating accused's holding of state or local office, 20 A.L.R.2d 732.

Effect of conviction in federal court, or court of another state or country, on right to hold public office, 39 A.L.R.3d 303.

Pardon as restoring eligibility to public office, 58 A.L.R.3d 1191.

67 C.J.S. Officers and Public Employees §§ 22, 35.