New Mexico Statutes
N.M. Stat. § 29-1-9 (2026)
Appointment of peace officers; citizenship certificate of
✓ current as of May 2026
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appointment; exceptions.
A. No sheriff of a county, mayor of a city or other person authorized by law to
appoint special deputy sheriffs, marshals, police officers or other peace officers in the
state of New Mexico to preserve the public peace and to prevent and quell public
disturbances shall appoint as such special deputy sheriff, marshal, police officer or other
peace officer any person who is not a citizen of the United States of America or has not
been authorized to work by the United States citizenship and immigration services.
B. No person shall assume or exercise the functions, powers, duties and privileges
incident and belonging to the office of special deputy sheriff, marshal, police officer or
other peace officer without first having received an appointment in writing from a person
authorized by law to appoint special deputy sheriffs, marshals, police officers or other
peace officers; provided that nothing in this section shall apply to lawfully appointed
United States marshals or to deputies of those marshals or to railroad peace officers
appointed pursuant to Section 63-2-18 NMSA 1978 in the performance of their duties as
peace officers.
C. This section shall not apply in times of riot or unusual disturbance and when so
declared by the public proclamation of the governor of the state.
History: Laws 1891, ch. 60, §§ 1, 2; C.L. 1897, §§ 743, 744; Code 1915, § 1256; C.S.
1929, § 33-4412; 1941 Comp., § 40-109; 1953 Comp., § 39-1-9; 1979, ch. 98, § 1;
2006, ch. 30, § 2; 2025, ch. 78, § 1.
ANNOTATIONS
Cross references. — For deputy sheriff, appointment and qualifications, see 4-41-5, 4-
41-8, 4-41-10 NMSA 1978.
The 2025 amendment, effective June 20, 2025, allowed individuals with work
authorization from the United States Citizenship and Immigration Services to be
appointed as law enforcement officers; and in Subsection A, after "United States of
America" added "or has not been authorized to work by the United States citizenship
and immigration services".
The 2006 amendment, effective March 2, 2006, deleted references to special
constables; required that appointed peace officers be citizens of the United States of
America; and provided that appointed peace officers be appointed by a person
authorized by law to appoint such officers.
Legislature may set restrictions upon public employees. — Nothing in the
constitution prevents the legislature setting such restrictions as it sees fit upon public
employees. The legislature has exercised its power in Section 10-1-5 NMSA 1978
(repealed) over all public employees, and in this section and Section 4-41-10 NMSA
1978, additional requirements are stated for deputy sheriffs and other peace officers.
1960 Op. Att'y Gen. No. 60-222.
Wildlife law enforcement officers can be required to hold New Mexico and United
States citizenship. 1979 Op. Att'y Gen. No. 79-30.
At common law sheriff could appoint peace officers. — At common law a sheriff
could appoint an undersheriff and as many general or special deputies as the public
service may have required. 1957 Op. Att'y Gen. No. 57-83.
Sheriff can commission officers. — A sheriff can commission as a special deputy
sheriff a full-time law enforcement officer employed by a municipality, the Navajo tribe or
the federal government. The applicants, of course, would have to secure the
appointment from the sheriff of the county in which they wish to act and qualify in
accordance with this section and Sections 4-41-8, 4-41-10 NMSA 1978, and any other
statutes of the state of New Mexico pertaining to the qualification of deputy sheriffs.
1957 Op. Att'y Gen. No. 57-83.
In absence of emergency, patrol member must be furnished request. — When no
actual emergency exists, a member of the mounted patrol whose assistance is
requested by the state police must be furnished the request in writing, signed by the
officer making the request. 1960 Op. Att'y Gen. No. 60-239.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and
Constables §§ 1 to 5, 8, 10, 13.
Power to appoint public officer for term commencing at or after expiration of term of
appointing officer or body, 75 A.L.R.2d 1277.
Validity, construction and application of regulation regarding outside employment of
government employees or officers, 94 A.L.R.3d 1230.
Validity, construction, and application of regulations regarding outside employment of
governmental employees of officers, 62 A.L.R.5th 671.
63 C.J.S. Municipal Corporations § 478 et seq.; 80 C.J.S. Sheriffs and Constables §§ 3,
22, 37.Notes of Decisions
Cited in 17
cases, 1964–2018 · leading case: State v. Ogden, 880 P.2d 845 (N.M. 1994).
State v. Ogden, 880 P.2d 845 (N.M. 1994). “" NMSA 1978, § 29-1-9 (Repl. Pamp.1990). The State claims that Chavez received her written appointment in the form of a training assignment.”
Houston v. Young, 610 P.2d 195 (N.M. 1980). “The complaint states that defendants negligently failed to assert and pursue a claim on behalf of plaintiff of a property interest in the separate property of the deceased pursuant to Section 29-1-9, N.M.S.A. 1953, 1 and that as a result, she lost part of her community property…”
Gonzales v. Gonzales, 867 P.2d 1220 (N.M. Ct. App. 1993). “" Because Gertrudes and Tranquilino were married in 1928, and there is a statutory presumption that property acquired by either husband and wife or both is presumed to be community property, the district court apparently concluded that they acquired the land in 1936 as community…”
State v. Young, 2004 NMSC 15 (N.M. 2004). “§ 29-1-9 (1979), which requires appointment in writing by state authorities in order to exercise the powers of a peace officer.”
Reed v. Nevins, 425 P.2d 813 (N.M. 1967). “Section 29-1-9, N.M.S.A. 1953. Since his wife survived him, Mr.”
Est. of Duncan v. Kinsolving, 70 P.3d 1260 (N.M. 2003). “See NMSA 1953, § 29-1-9 (repealed 1973) (describing the devolution of community property upon the death of the husband survived by his wife).”
Chance v. Kitchell, 659 P.2d 895 (N.M. 1983). “At the time of decedent’s death, Section 29-1-9, N.M.S.A.1953 (Supp.1975) was enforceable which stated that, “[u]pon the death of a spouse, the entire community property goes to the surviving spouse.”
Anchondo v. Corr. Dep't, 666 P.2d 1255 (N.M. 1983). “See §§ 29-1-1 through 29-1-2, N.M.S.A. 1978 (Repl.Pamp.1979 and Cum.”
Wiggins v. Rush, 489 P.2d 641 (N.M. 1971). “, and § 29-1-9, N.M.S. A., 1953 Comp. (1969 Pocket Supp.”
Matter of Est. of Farrington, 571 P.2d 410 (N.M. 1977). “On July 20, 1976, the appellant then filed a claim as decedent’s widow and intestate successor to the community estate under § 29-1-9, N.M.S.A. 1953 (Supp.1975) to protect her right to assert her community property interest in the decedent’s separate property.”
State v. Sanchez, 2014 NMCA 095 (N.M. Ct. App. 2014). “See NMSA 1978, § 29-1-9 (2006) (requiring an appointment in writing from a person authorized by law to appoint special deputy sheriffs in order to assume or exercise the “functions, power, duties, and privileges” of the position).”
United States v. Young, 347 F. Supp. 3d 747 (D.N.M. 2018). “§ 4-41-10 ("Any sheriff is hereby authorized at any time to appoint respectable and orderly persons as special deputies"); N.M. Stat. Ann. § 29-1-9 (stating that, to "assume or exercise the functions, powers, duties and privileges incident and belonging to the office of special…”
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