N.M. Const. art. IV, § 36
All state officers and judges of the district court shall be liable to impeachment for crimes, misdemeanors and malfeasance in office, but judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust or profit, or to vote under the laws of this state; but such officer or judge, whether convicted or acquitted shall, nevertheless, be liable to prosecution, trial, judgment, punishment or civil action, according to law. No officer shall exercise any powers or duties of his office after notice of his impeachment is served upon him until he is acquitted.
Cross references. — For power of impeachment, and exercise thereof, see N.M. Const., art. IV, § 35.
Comparable provisions. — Iowa Const., art. III, § 20.
Montana Const., art. V, § 13.
Utah Const., art. VI, § 19.
Wyoming Const., art. III, § 18.
Judicial officers. — Although the supreme court, upon proper recommendation of the board of bar commissioners, could hold an individual subject to discipline, even though he was a judge, insofar as his activities and standing as a member of the bar association were concerned, recommendation by the board to the court regarding a judge's alleged dishonest, illegal or fraudulent act could not as such affect the individual's capacity as a judge during his term of office, inasmuch as the constitution provides the only method for the removal of a judicial officer. In re Board of Comm'rs of State Bar, 1959-NMSC-028, 65 N.M. 332, 337 P.2d 400.
Judicial immunity. — The judge reviewing the petition for a grand jury should consider that the alleged conduct may be protected under judicial immunity if the subject of the inquiry is a member of the judiciary. In doing so, however, the reviewing judge should also recognize that judicial immunity does not relieve a person from the consequences of criminal conduct. District Court v. McKenna, 1994-NMSC-102, 118 N.M. 402, 881 P.2d 1387, cert. denied, 514 U.S. 1018, 115 S. Ct. 1361, 131 L. Ed. 2d 218 (1995).
Officers appointed by governor are subject to removal by him, whether or not they may be impeached. State ex rel. Ulrick v. Sanchez, 1926-NMSC-060, 32 N.M. 265, 255 P. 1077.
Impeachment is the sole method of removal for appointed public regulation commission members. — The fact that the 2020 amendment to N.M. Const., Art. XI, § 1(E), provides that a public regulation commission (PRC) member may be removed by impeachment for accepting anything of value from a person or entity whose charges for services to the public are regulated by the commission, malfeasance, misfeasance or neglect of duty, when N.M. Const., Art. IV, § 36 already provides that all state officers shall be liable to impeachment for crimes, misdemeanors and malfeasance in office and N.M. Const., Art. V, § 5 provides that the governor has the authority to remove all appointed officers, suggests that the drafters of Art. XI, § 1(E) intended to make removal by impeachment the sole method of removal for appointed PRC members, in contrast to the alternative method of removal provided in Art. IV, § 36 and also intended to supplant any authority the governor had to remove commission members. Governor’s Authority to Remove Public Regulation Commission Members (11/15/2022), Att'y Gen. Adv. Ltr. 2022-08.
Legislators. — The impeachment route could be used to handle violation by a legislator of N.M. Const., art. IV, § 28 (relating to appointment of legislators to civil office and interests of legislators in contracts with the state or municipalities) or of art. IV, § 39 (relating to bribery or solicitation involving member of the legislature). 1965 Op. Att'y Gen. No. 65-229.
Law reviews. — For student symposium, "Constitutional Revision - Judicial Removal and Discipline - The California Commission Plan for New Mexico?" see 9 Nat. Resources J. 446 (1969).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judges §§ 17 et seq.; 63A Am. Jur. 2d Public Officers and Employees §§ 213, 214, 218.
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.
Offense under federal law or law of another state or country, conviction as vacating accused's holding of state or local office or as ground of removal, 20 A.L.R.2d 732.
Infamous crime, or one involving moral turpitude, constituting disqualification to hold public office, 52 A.L.R.2d 1314.
Abuse or misuse of contempt power as ground for removal or discipline of judge, 76 A.L.R.4th 982.
What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office, 10 A.L.R.5th 139.
48A C.J.S. Judges §§ 42 to 45; 67 C.J.S. Officers and Public Employees §§ 179 to 181; 81A C.J.S. States §§ 99, 101, 129.