New Mexico Statutes

N.M. Stat. § 4-37-4 (2026)

Enforcement officers in counties; duties.

✓ current as of May 2026

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A. It is the duty of every county sheriff, deputy sheriff, constable and other county
law enforcement officer to:

        (1)   enforce the provisions of all county ordinances;

      (2)   diligently file a complaint or information alleging a violation if
circumstances would indicate that action to a reasonably prudent person; and

        (3)   cooperate with the district attorney or other prosecutor in all reasonable
ways.

   B. Any county law enforcement officer that fails to perform his duty in any material
respect is subject to removal from office and payment of all costs of prosecution.

History: 1953 Comp., § 15-36A-4, enacted by Laws 1975, ch. 312, § 4.

                                     ANNOTATIONS

Cross references. — For county sheriff, see Chapter 4, Article 41 NMSA 1978.

For payment of expenses of sheriffs, deputy sheriffs and guards in performing certain
official business, see 4-44-18 NMSA 1978.

Liability under 41-4-12 NMSA 1978. — The statutory obligations that officers
cooperate with prosecutors and bring defendants before the courts are primarily
designed to protect the public by ensuring that dangerous criminals are removed from
society and brought to justice; accordingly, as with the duty to investigate crimes under
29-1-1 NMSA 1978, the duties of cooperating with prosecutors, diligently filing
complaints, and bringing defendants before the courts inure to the benefit of private
individuals, and the violation of these statutory duties may give rise to a cognizable
claim under the Tort Claims Act, Chapter 41, Article 4 NMSA 1978. Weinstein v. City of
Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1996–2023 · leading case: Wachocki v. Bernalillo Cnty. Sheriff's Dep't, 2010 NMCA 21 (N.M. Ct. App. 2009).

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Wachocki v. Bernalillo Cnty. Sheriff's Dep't, 2010 NMCA 21 (N.M. Ct. App. 2009). · cites it 9× “{24} Here, the Waehockis argue that Jason’s wrongful death resulted from BCSD’s deprivation of rights secured to him by NMSA 1978, Section 4-37-4 (1975), and Section 29-1-1.”

Weinstein v. City of Santa Fe Ex Rel. Santa Fe Police Dep't, 916 P.2d 1313 (N.M. 1996). · cites it 4× “” The second statute on which the Weinsteins rely is NMSA 1978, Section 4-37-4(A) (Repl.Pamp.1992), which discusses the duties of county sheriffs.”

Moya v. Garcia, 895 F.3d 1229 (10th Cir. 2018). “These facts proved decisive because (1) New Mexico law requires the sheriff to "diligently file a complaint or information," N.M. Stat. Ann. §§ 4-37-4 , 29-1-1, and (2) the sheriff's staff had never filed a complaint against Mr.”

Wilson v. Montano, 715 F.3d 847 (10th Cir. 2013). “, N.M. Stat. Ann. § 4-37-4 (A) (“It is the duty of every county sheriff .”

Wachocki v. Bcsd, 228 P.3d 504 (N.M. Ct. App. 2010). · cites it 8× “{24} Here, the Wachockis argue that Jason's wrongful death resulted from BCSD's deprivation of rights secured to him *512 by NMSA 1978, Section 4-37-4 (1975), and Section 29-1-1.”

State v. Marquez, 2007 NMCA 151 (N.M. Ct. App. 2007). · cites it 2× “to investigate all violations of the criminal laws of the state”), and NMSA 1978, § 4-37-4(A)(l) (1975) (stating that “[i]t is the duty of every county sheriff .”

State v. Marquez, 173 P.3d 1 (N.M. Ct. App. 2007). · cites it 2× “to investigate all violations of the criminal laws of the state"), and NMSA 1978, § 4-37-4(A)(1) (1975) (stating that "[i]t is the duty of every county sheriff .”

Moya v. Garcia, 887 F.3d 1161 (10th Cir. 2018). “These facts proved decisive because (1) New Mexico law requires the sheriff to "diligently file a complaint or information," N.M. Stat. Ann. §§ 4-37-4 , 29-1-1, and (2) the sheriff's staff had never filed a complaint against Mr.”

Bradshaw v. Mgmt. & Training Corp. (D.N.M. 2023). · cites it 3× “Count III alleges that Sheriff Black, “John Does 6-10, and other Otero County Sheriff’s Deputies under their direct supervision and control were under a statutory duty to comply with New Mexico statutes and law, including NMSA 1978, Sections 4-37-4, 4-41-2, and 29-1-1, and to…”

Moya v. Garcia (10th Cir. 2018). “These facts proved decisive because (1) New Mexico law requires the sheriff to “diligently file a complaint or information,” N.M. Stat. Ann. §§ 4-37-4 , 29-1-1, and (2) the sheriff’s staff had never filed a complaint against Mr.”

— N.M. Stat. § 4-37-4(A) — 1 case

Weinstein v. City of Santa Fe Ex Rel. Santa Fe Police Dep't, 916 P.2d 1313 (N.M. 1996). “” The second statute on which the Weinsteins rely is NMSA 1978, Section 4-37-4(A) (Repl.Pamp.1992), which discusses the duties of county sheriffs.”

— N.M. Stat. § 4-37-4(A)(1) — 2 cases

Wachocki v. Bcsd, 228 P.3d 504 (N.M. Ct. App. 2010). “{24} Here, the Wachockis argue that Jason's wrongful death resulted from BCSD's deprivation of rights secured to him *512 by NMSA 1978, Section 4-37-4 (1975), and Section 29-1-1.”

State v. Marquez, 173 P.3d 1 (N.M. Ct. App. 2007). “to investigate all violations of the criminal laws of the state"), and NMSA 1978, § 4-37-4(A)(1) (1975) (stating that "[i]t is the duty of every county sheriff .”

— N.M. Stat. § 4-37-4(A)(l) — 2 cases

Wachocki v. Bernalillo Cnty. Sheriff's Dep't, 2010 NMCA 21 (N.M. Ct. App. 2009). “{24} Here, the Waehockis argue that Jason’s wrongful death resulted from BCSD’s deprivation of rights secured to him by NMSA 1978, Section 4-37-4 (1975), and Section 29-1-1.”

State v. Marquez, 2007 NMCA 151 (N.M. Ct. App. 2007). “to investigate all violations of the criminal laws of the state”), and NMSA 1978, § 4-37-4(A)(l) (1975) (stating that “[i]t is the duty of every county sheriff .”

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