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§ 4-37-4 NMSA 1978

Enforcement officers in counties; duties

Known as the Home Rule County Validation Act

The act spans §§ 4–4 (14 sections).

Applied in 3 court decisions — leading case Wilson v. Montano (2013)

Most recently applied in Moya v. Garcia (July 2018)

1953 Comp., § 15-36A-4, enacted by Laws 1975, ch. 312, § 4.

A. It is the duty of every county sheriff, deputy sheriff, constable and other county law enforcement officer to:

(1) enforce the provisions of all county ordinances;

(2) diligently file a complaint or information alleging a violation if circumstances would indicate that action to a reasonably prudent person; and

(3) cooperate with the district attorney or other prosecutor in all reasonable ways.

B. Any county law enforcement officer that fails to perform his duty in any material respect is subject to removal from office and payment of all costs of prosecution.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.