The attorney general of New Mexico is directed to act, if requested, as attorney for any officer, deputy, assistant, agent or employee of the state or of a state institution in the event such person is named as a party in any civil action in connection with an act growing out of the performance of his duty; provided, however, this section shall not apply to any suits or proceedings on behalf of the state against such person.
History: 1953 Comp., § 4-3-16, enacted by Laws 1959, ch. 45, § 1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Attorney general not allowed to supplant district attorney. — Where, in a suit by a district attorney, in the name of the state, seeking the recovery of funds paid a state officer, the attorney general seeks to represent the state in lieu of the district attorney and his pleading closely parallels the answer filed by the defendant state officer and the effect of the pleading would be to leave the case uncontested on the side of the state, the proper situation for the application of this section is presented, and the attorney general will not be allowed to supplant the district attorney. State ex rel. Attorney Gen. v. Reese, 1967-NMSC-172, 78 N.M. 241, 430 P.2d 399.
Attorney general to use all means available to defend state employee. — If a defendant, a state employee, has requested representation by the attorney general under this section, the attorney general is under a duty to defend him and is at liberty to use all means available to him in that defense. This representation can be in addition to any representation by the attorneys for an insurance company covering traffic accidents wherein a state employee is involved. 1962 Op. Att'y Gen. No. 62-42.
But not county official such as sheriff. — A sheriff is a county official, as distinguished from a state official or employee, and therefore the attorney general's office is not under an obligation to represent a sheriff in a civil action arising from his official conduct in office. 1959 Op. Att'y Gen. No. 59-98.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A C.J.S. Attorney General § 15.