2020 New Mexico Statutes
Chapter 4 - Counties
Article 37 - County Ordinances
Section 4-37-4 - Enforcement officers in counties; duties.

A. It is the duty of every county sheriff, deputy sheriff, constable and other county law enforcement officer to:

(1) enforce the provisions of all county ordinances;

(2) diligently file a complaint or information alleging a violation if circumstances would indicate that action to a reasonably prudent person; and

(3) cooperate with the district attorney or other prosecutor in all reasonable ways.

B. Any county law enforcement officer that fails to perform his duty in any material respect is subject to removal from office and payment of all costs of prosecution.

History: 1953 Comp., § 15-36A-4, enacted by Laws 1975, ch. 312, § 4.

Cross references. — For county sheriff, see Chapter 4, Article 41 NMSA 1978.

For payment of expenses of sheriffs, deputy sheriffs and guards in performing certain official business, see 4-44-18 NMSA 1978.

Liability under 41-4-12 NMSA 1978. — The statutory obligations that officers cooperate with prosecutors and bring defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under 29-1-1 NMSA 1978, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Chapter 41, Article 4 NMSA 1978. Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.