N.M. Stat. § 36-1-22

or district attorney.]
    The attorney general and district attorneys of this state in their respective districts,
when any civil proceedings may be pending in their respective districts, in the district
court, in which the state or any county may be a party, whether the same be an ordinary
suit, scire facias proceedings, proceedings growing out of any criminal prosecution, or
otherwise, shall have power to compromise or settle said suit or proceedings, or grant a
release or enter satisfaction in whole or in part, of any claim or judgment in the name of
the state or county, or dismiss the same, or take any other steps or proceedings therein
which to him may appear proper and right; and all such civil suits and proceedings shall
be entirely under the management and control of the said attorney general or district
attorneys, and all compromises, releases and satisfactions heretofore made or entered
into by said officers are hereby confirmed and ratified.

History: Laws 1875-1876, ch. 5, § 1; C.L. 1884, § 1856; C.L. 1897, § 2905; Code 1915,
§ 1863; C.S. 1929, § 39-112; 1941 Comp., § 17-115; 1953 Comp., § 17-1-15.

                                     ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Cross references. — For power of private attorney to compromise, satisfy, or release
in name of county, see 36-1-19 NMSA 1978.

Attorney general under the broad powers of his office has the management and
control of suits and proceedings in which it is his duty to appear, and the power to
take any steps or proceedings therein "which to him may appear proper and right."
Cooper v. Otero, 1934-NMSC-008, 38 N.M. 164, 29 P.2d 341.

Power to settle cases. — A settlement entered into by the attorney general, with no
evidence of bad motives, is not unconstitutional under N.M. Const., art. IV, § 32 and "in
the absence of explicit legislative expression to the contrary, the attorney general
possesses entire dominion over every suit instituted by him in his official capacity
whether there is a relator or not. As an incident of such control, the attorney general has
power to dismiss or to discontinue suits brought by him either with or without a
stipulation by the other party, and to make any dispositions of such suits that he deems
best for the interest of the state." Lyle v. Luna, 1959-NMSC-042, 65 N.M. 429, 338 P.2d
1060.

Compromise and settlement of tax suits. — The authority of district attorneys to
compromise and settle tax suits is not restrained by N.M. Const., art. IV, § 32 and does
not violate N.M. Const., art. VIII, § 1 or art. II, § 18. State v. State Inv. Co., 1925-NMSC-
017, 30 N.M. 491, 239 P. 741.

Power to settle claims. — A stipulation of settlement concerning tax liability under 59-
5-1 NMSA 1978 (now repealed) and 72-16-1 to 72-16-47, 1953 Comp., entered into by
the attorney general of the state of New Mexico on behalf of the plaintiffs under the
authority of the provisions of this section was not constitutionally prohibited by N.M.
Const., art. IV, § 32. Lyle v. Luna, 1959-NMSC-042, 65 N.M. 429, 338 P.2d 1060.

When representing the state in a prosecution for driving under the influence, a district
attorney had the authority to bind the motor vehicle division to the judgment and
sentence which, pursuant to a plea bargain, expressly provided that the conviction was
to be treated as a first conviction. Collyer v. State Taxation & Revenue Dep't Motor
Vehicle Div., 1996-NMCA-029, 121 N.M. 477, 913 P.2d 665.

Judicial review. — Absent a showing of fraud or misdealing, it is not for the courts to
second-guess the attorney general in the exercise of his authority in compromising a
matter. State ex rel. Property Appraisal Dep't v. Sierra Life Ins. Co., 1977-NMSC-023,
90 N.M. 268, 562 P.2d 829.

Compromise and settlement of tax suits. — The district attorney has full authority to
compromise and settle any action instituted in behalf of the state ex rel. its state tax
commission (now property tax division of taxation and revenue department) and the
county treasurer, for the collection of delinquent personal property taxes. This authority
is, of course, subject to the duty of the attorney general's office to act, pursuant to 8-5-2
NMSA 1978, when in the judgment of the attorney general the interest of the state
requires such action, and to the authority of the attorney general's office to act pursuant
to this section, empowering the attorney general to compromise and settle civil
proceedings, in the event of any conflict between the state tax commission (now
property tax division of taxation and revenue department) and the district attorney as to
the propriety of a particular proposed settlement in a case within the authority of the
commission to act. 1958 Op. Att'y Gen. No. 58-54.

Section is completely harmonious with N.M. Const., art. IV, § 32. 1969 Op. Att'y
Gen. No. 69-69.

Compromise and settlement of judgment which is entered of record as
satisfaction of judgment would be a proper proceeding in court and would alert the
public to the action of the district attorney or attorney general. 1969 Op. Att'y Gen. No.
69-69.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Release or compromise of claim for
taxes, 99 A.L.R. 1068, 28 A.L.R.2d 1425.

27 C.J.S. District and Prosecuting Attorneys § 15.
36-1-23. Terminated.
                                    ANNOTATIONS

Compiler's notes. — The provisions of 36-1-23 NMSA 1978, as enacted by Laws
1981, ch. 85, § 1, have terminated of their own accord and have been deleted from the
code. This section related to the office of special prosecutors.