Attorney General Opinions and Advisory Letters

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Decision Content

Opinion No. 39-3041

February 27, 1939

BY: FILO M. SEDILLO, Attorney General

TO: Mr. Alfredo M. Baca, Sandoval County Clerk, Bernalillo, New Mexico.

{*20} In your letter of February the 23rd you inquire as to the residence requirement of a justice of the peace and as to whether a person has to be a taxpayer to be eligible for the office of justice of the peace.

Section 79-202, Chapter 79, New Mexico Statutes, Annotated, 1929 Compilation, requires that every justice of the peace shall reside in the precinct for which he may be elected.

Residence, however, is mostly a matter of intention and if it is the intent of a person to reside in a certain precinct that is his legal residence. There is nothing in our statutes that provides that a justice of the peace be a taxpayer in order to hold office.

The District Court of the county in or for which the justice of the peace, if accused, is elected has sole jurisdiction in {*21} the matter, the county commissioners having nothing to do with the removal of justices of the peace.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.