2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 4 - Removal of Local Officers
Section 10-4-9 - Criminal procedure made applicable.]
All matters of procedure not otherwise provided for in this chapter shall be governed by the laws governing criminal procedure.
History: Laws 1909, ch. 36, § 10; Code 1915, § 3963; C.S. 1929, § 96-114; 1941 Comp., § 10-311; 1953 Comp., § 5-3-11.
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.
Removal action is civil proceeding. — An action for the removal of an officer from office under the provisions of this act is a civil and not a criminal proceeding. State ex rel. Mitchell v. Medler, 1913-NMSC-025, 17 N.M. 644, 131 P. 976.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Injunction as remedy against removal, 34 A.L.R.2d 554.
67 C.J.S. Officers and Public Employees § 176.
