District attorneys; assistants; investigators.

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A. Within legislative appropriations, the district attorney in each judicial district may appoint:

(1) necessary assistant district attorneys and other personnel and assign their duties; and

(2) full-time staff as peace officers for the purpose of investigating and enforcing the criminal laws of the state, within the district attorney's judicial district.

B. Those staff appointed as peace officers pursuant to the provisions of Paragraph (2) of Subsection A of this section shall comply with the certification provisions of Section 29-7-8 NMSA 1978 [repealed].

History: 1953 Comp., § 17-1-3.3, enacted by Laws 1968, ch. 69, § 52; 1988, ch. 92, § 2.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Laws 1993, ch. 255, § 11 repealed 29-7-8 NMSA 1978 effective July 1, 1993.

Assistant district attorneys. — 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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 10 to 14, 19, 42.

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


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