Whenever any portion of the militia is in active service of the state in aid of civil authority, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare a specified area in which the troops are serving to be in a state of insurrection and may declare martial law therein.
History: 1978 Comp., § 20-2-4, enacted by Laws 1987, ch. 318, § 11.
Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-2-4 NMSA 1978, as enacted by Laws 1925, ch. 113, § 3, relating to the classification of militia, and enacted a new section, effective April 10, 1987.
Cross references. — For constitutional power of governor to call out militia, see N.M. Const., art. V, § 4.
Declaration conclusive. — The governor need not set out in his proclamation why martial law is declared and his declaration is conclusive. 1943 Op. Att'y Gen. No. 43-4252.
Effects of using militia. — Where the governor of the state, seeking to quell insurrection, calls out the militia by executive process and puts them in charge, such military forces do not act as sheriffs or deputy sheriffs, but their power supersedes the civil authorities; the courts may not, under writs of habeas corpus, interfere with their arrests made during insurrection. State ex rel. Roberts v. Swope, 1933-NMSC-097, 38 N.M. 53, 28 P.2d 4.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Military, and Civil Defense §§ 3, 32.
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