New Mexico § 36-1-21 - Aiding defense; penalty against attorney general or district attorney; removal from office; exceptions; taking case in which state or county interested prohibited

Full text of New Mexico New Mexico Statutes Annotated § 36-1-21 — Aiding defense; penalty against attorney general or district attorney; removal from office; exceptions; taking case in which state or county interested prohibited, with citation guidance and answers to common questions.

§ 36-1-21. Aiding defense; penalty against attorney general or district attorney; removal from office; exceptions; taking case in which state or county interested prohibited

If the attorney general or any district attorney shall consult with any accused defendant,

or in any other manner shall aid the defense of any person accused of any crime or

misdemeanor in this state, he shall be fined in the sum of not less than five hundred

dollars ($500) and shall be removed from office by judgment of the court if convicted

of the charge. Provided, further, that said attorney general or district attorney are [is] authorized

and should be allowed by the judge of the district court to defend their [his] cases

already on the docket of said court, on which appears on said docket that said attorney

general or district attorney were [was] the attorneys [attorney] of said cases prior

to the appointment of said attorney general or district attorneys [attorney]. Provided, further, that where it appears in the record of the court that the attorney

general or district attorney was the attorney in some cases prior to the appointment

of the said attorney general or district attorney, in those cases the court shall

appoint a lawyer to prosecute in those particular cases, allowing said lawyer the

fee which is allowed to the attorney general or district attorney, and the attorney

general or district attorney should be allowed to defend in those particular cases. Provided, further, that said attorney general or district attorney shall not be allowed

to take any case after he is appointed attorney general or district attorney in which

the state or county is involved in the litigation in which the law compels the attorney

general or district attorney to prosecute or defend as said attorney general or district

attorney.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 36-1-21

What does New Mexico Statutes Annotated § 36-1-21 cover?

Section 36-1-21 ("Aiding defense; penalty against attorney general or district attorney; removal from office; exceptions; taking case in which state or county interested prohibited") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 36-1-21?

A common citation format is "New Mexico Statutes Annotated § 36-1-21" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 36-1-21 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.