New Mexico § 10-2-12 - Insufficient bond of county or precinct officer; new bond required; failure to provide; procedure; decree of vacancy by district court

§ 10-2-12. Insufficient bond of county or precinct officer; new bond required; failure to provide; procedure; decree of vacancy by district court

It shall be the duty of the board of county commissioners of each county at each regular

meeting thereof on the first day of each meeting to examine and inquire into the sufficiency

of all the official bonds given or to be given by any county or precinct officer as

required by law, and if it shall appear that any one or more of the securities on

the official bond of any county officer has or have removed from the county, died,

or become insolvent, or of doubtful solvency, the said board of county commissioners

shall cause such county or precinct officer to be summoned to appear before the said

board on a day to be named in said summons, to show cause why he should not be required

to give a new bond with sufficient security, and if at the appointed time he shall

fail to satisfy said board as to the sufficiency of the present security, an order

shall be entered of record by said board requiring such county or precinct officer,

to file in the office of the county clerk within twenty days, a new bond to be approved

as required by law, unless the number and pecuniary ability of other securities on

said bond shall be such as to satisfy the board that the bond is sufficient, notwithstanding

one or more of the securities on said bond may have removed, be dead, insolvent or

of doubtful solvency, in which case the bond in question may be, in the discretion

of the board, held sufficient. In the event any such bond is found insufficient, and a new bond is not filed as

ordered, the fact shall be certified by the board of county commissioners to the district

court of the county, and shall also be certified to the district attorney of the judicial

district wherein such county is located; and it shall thereupon become the duty of

the district attorney to cause a hearing to be had in said district court for the

purpose of adjudicating and declaring a vacancy in such office, in the event the district

court determines, after a hearing, that the bond is in fact insufficient, and such

officer fails within five days after the district court has so found to file a new

bond with sufficient surety as required by law. Upon the entry of such decree of vacancy it shall thereupon become the duty of the

appointing power to fill such office in the manner provided by law.