2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 4 - Removal of Local Officers
Section 10-4-12 - Jury trial required; procedure.]
The trial must be by jury and conducted in all respects in the same manner as a trial on an information or indictment for a misdemeanor.
History: Laws 1909, ch. 36, § 13; Code 1915, § 3966; C.S. 1929, § 96-117; 1941 Comp., § 10-314; 1953 Comp., § 5-3-14.
Generally. — The provision of this section as to the conduct of the trial was designed to throw around the defendant the same safeguards with which the law clothes a defendant in a criminal action. State ex rel. Mansker v. Leib, 20 N.M. 619, 151 P. 766 (1915); State ex rel. Mitchell v. Medler, 1913-NMSC-025, 17 N.M. 644, 131 P. 976.
Citation or order to show cause necessary. — A citation or order to show cause is necessary before the court has the power to proceed to hear the matter. 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. — 67 C.J.S. Officers and Public Employees § 177.
