Each district attorney in this state may appoint one or more suitable persons who shall be attorneys-at-law practicing their profession in this state and members of the bar of this state to be his assistants. Every appointment of an assistant district attorney shall be in writing under the hand of the district attorney and filed in the office of the clerk of the district court of the judicial district in which the district attorney resides, and the person so appointed shall take and file in the office of the clerk of the district court of the judicial district in which the district attorney resides an oath of office as is now prescribed by law for district attorneys before entering upon his duties as assistant district attorney. Every such appointment may be revoked by the district attorney making it, which revocation shall be in writing and filed in that clerk's office. The assistant district attorney may attend the meetings of the boards of county commissioners, the district court, metropolitan, magistrate and probate courts in the district attorney's district and therein discharge any duties imposed by law upon or required of the district attorney by whom he was appointed.

History: Laws 1905, ch. 34, § 1; Code 1915, § 1858; C.S. 1929, § 39-102; 1941 Comp., § 17-102; 1953 Comp., § 17-1-2; Laws 1984, ch. 109, § 1.

Cross references. — For payments of salaries and expenses of assistant district attorneys, see 36-1-8 NMSA 1978.

For appointment of special assistant district attorneys, see 36-1-23.1 NMSA 1978.

Where local district attorney available. — Attorney who was part of the Medicaid Providers Fraud Control Unit and was appointed a special assistant district attorney, could not prosecute a criminal sexual penetration case for a local district attorney, where the state conceded there was no reason why the district attorney could not have prosecuted the case. State v. Hollenbeck, 1991-NMCA-060, 112 N.M. 275, 814 P.2d 143.

Fees and compensation of assistant district attorneys. — District attorneys are precluded from receiving fees or compensation other than the salary provided by law for services rendered the counties of their district. The duties of assistant district attorneys are the same as those imposed on district attorneys, and the inhibition applies to those officials as well. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282.

Assistant district attorney may not recover special compensation for collecting delinquent taxes. 1915 Op. Att'y Gen. No. 15-1655.

Cross-designation of assistant city attorneys. — A district attorney has the authority to cross-designate assistant city attorneys as special assistant district attorneys for the purposes of assisting the district attorney in prosecuting violations of state law in magistrate court. 2008 Op. Att'y Gen. No. 08-06.

Member of the legislature may not be appointed assistant district attorney since the latter is a civil officer which makes these positions incompatible. 19412 Op. Att'y Gen. No. 41-3866.

Person who is probate judge may not also be appointed to the position of assistant district attorney by reason that his duties as a representative of the state would require his appearance in many matters before himself as presiding judge of the probate court. This is not only violative of the laws of the state of New Mexico but would also be a violation of the legal canons of ethics. 1954 Op. Att'y Gen. No. 54-5955.

Person appointed as assistant district attorney must be a practicing attorney and a member of bar of this state. 1932 Op. Att'y Gen. No. 32-479.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys § 9.

Power of assistant or deputy prosecuting or district attorney to file information, or to sign or prosecute it in his own name, 80 A.L.R.2d 1067.

27 C.J.S. District and Prosecuting Attorneys §§ 27 to 31.