46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO DISTRICT ATTORNEYS; CLARIFYING THAT A DISTRICT ATTORNEY FOR A CLASS A COUNTY CONTAINING A METROPOLITAN COURT MAY ENFORCE MUNICIPAL ORDINANCES IN THE DISTRICT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 36-1-18 NMSA 1978 (being Laws 1909, Chapter 22, Section 2, as amended) is amended to read:

"36-1-18. DUTIES OF DISTRICT ATTORNEY.--

A. Each district attorney shall:

(1) prosecute and defend for the state in all courts of record of the counties of [his] the district all cases, criminal and civil, in which the state or any county in [his] the district may be a party or may be interested;

(2) represent the county before the board of county commissioners of any county in [his] the district in all matters before the board whenever requested to do so by the board, and he may appear before the board when sitting as a board of equalization without request;

(3) advise all county and state officers whenever requested; and

(4) represent any county in [his] the district in all civil cases in which the county may be concerned in the supreme court or court of appeals, but not in suits brought in the name of the state.

B. A district attorney may contract with an Indian nation, tribe or pueblo within the boundaries of the district attorney's judicial district for the purpose of authorizing the district attorney or his staff to:

(1) serve as a tribal prosecutor; or

(2) prosecute alleged violations of tribal codes by tribal members in tribal courts.

C. A district attorney in a class A county containing a metropolitan court may prosecute and defend municipal ordinances of any municipality in the district in any court in the district."