N.M. Const. art. IV, § 35
The sole power of impeachment shall be vested in the house of representatives, and a concurrence of a majority of all the members elected shall be necessary to the proper exercise thereof. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be under oath or affirmation to do justice according to the law and the evidence. When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside. No person shall be convicted without the concurrence of two-thirds of the senators elected.
Cross references. — For officers subject to impeachment, see N.M. Const., art. IV, § 36.
Comparable provisions. — Idaho Const., art. V, §§ 3, 4.
Iowa Const., art. III, § 19.
Montana Const., art. V, § 13.
Utah Const., art. VI, §§ 17, 18.
Wyoming Const., art. III, § 17.
Impeachment does not preempt quo warranto. — Impeachment by the legislature does not preempt quo warranto as the exclusive means for removing a felon from public office. State ex rel. King v. Sloan, 2011-NMSC-020, 149 N.M. 620, 253 P.3d 33.
Removal of appointed officer by governor. — State officer appointed by governor, with advice and consent of senate, can be removed by him under N.M. Const., art. V, § 5, regardless of whether he is subject to impeachment. State ex rel. Ulrick v. Sanchez, 1926-NMSC-060, 32 N.M. 265, 255 P. 1077.
Law reviews. — For student symposium, "Constitutional Revision - The Executive Branch - Long or Short Ballot?" see 9 Nat. Resources J. 430 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 211, 212, 216, 217.
Physical or mental disability as ground for impeachment, 28 A.L.R. 777.
Power of officer as affected by pendency of impeachment proceeding, 30 A.L.R. 1149.
Injunction as remedy against removal of public officer, 34 A.L.R.2d 554.
Removal of public officer for misconduct during previous term, 42 A.L.R.3d 691.
Power of court to remove or suspend judge, 53 A.L.R.3d 882.
67 C.J.S. Officers and Public Employees §§ 179, 181; 81A C.J.S. States §§ 98, 101.