After January 1, 1977, no district attorney or assistant district attorney shall engage in the private practice of law. Violation of this section is ground for removal from office.
History: 1953 Comp., § 17-1-3.1, enacted by Laws 1968, ch. 69, § 50; 1969, ch. 85, § 1; 1973, ch. 2, § 1; 1975, ch. 302, § 1.
Cross references. — For grounds for removal of district attorneys from office generally, see 36-1-9 NMSA 1978.
For restrictions on practices of attorneys who are partners of, or related to, district attorneys, see 36-2-20 NMSA 1978.
Purpose of this section and 36-1-19 NMSA 1978 is to prevent an attorney engaged in the performance of public duties from being influenced or appearing to be influenced, by personal or private interests. The potential for conflict between public and private interests exists whether the legal services rendered consist of court appearances or other legal services. 1977 Op. Att'y Gen. No. 77-7.
Section is mandatory in quality and provides no alternative to the disability imposed. 1957 Op. Att'y Gen. No. 57-71.
When individual is actually serving as assistant district attorney he is subject to the statutory disability. Once his term of office terminates, his disability ceases. 1957 Op. Att'y Gen. No. 57-71.
Applicability of disability to part-time assistant district attorney. — If the nature of the appointment is such as to be of a continuing nature, meaning that the so-called part-time assistant district attorney is held to be, at times, an assistant district attorney serving without pay, then said individual would be subject to the disability of the section. On the other hand, if the individual selected as a part-time assistant district attorney serves only between two specified dates and then is no longer an assistant district attorney, the disability of the section would not apply. 1957 Op. Att'y Gen. No. 57-71.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 16, 17, 21, 39.
Constitutionality and construction of statute against public attorney representing private person in civil action, 82 A.L.R.2d 774.
Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 A.L.R.3d 562.
27 C.J.S. District and Prosecuting Attorneys §§ 7, 12(9).
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