N.M. Stat. » Chapter 4 — Counties
New Mexico Statutes

N.M. Stat. § 4-41-5 (2026)

Deputy sheriffs; appointment and term; merit system

✓ laws through the 2025 session (retrieved May 2026)
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The sheriffs in all the counties of this state shall have power to appoint deputies, who shall remain in office at the pleasure of such sheriffs; except that in counties which have established a merit system by ordinance, the provisions of the ordinance shall control the demotion and discharge of deputies and other employees of the sheriff's office, except for one under-sheriff and an executive secretary, both of whom shall hold exempt positions.

History: Laws 1855-1856, ch. 2, § 1; C.L. 1865, ch. 99, § 9; C.L. 1884, § 401; C.L. 1897, § 737; Code 1915, § 1255; C.S. 1929, § 33-4411; 1941 Comp., § 15-3809; 1953 Comp., § 15-40-9; Laws 1975, ch. 11, § 3.

ANNOTATIONS

Cross references. — For establishment of merit system and incorporation of provisions thereof in employment contracts of deputy sheriffs, see 4-41-6, 4-41-7 NMSA 1978.

For qualifications of deputy sheriffs, see 4-41-8 NMSA 1978. For employment of part-time deputies in certain counties, see 4-44-17 NMSA 1978.

For payment of expenses of sheriffs, deputy sheriffs and guards for serving process and certain other official business, see 4-44-18 NMSA 1978.

For oaths and bonds of deputy county officers, see 4-44-35 NMSA 1978.

For requirement that deputies be citizens of New Mexico, see 29-1-9 NMSA 1978.

For requirement of certification by New Mexico law enforcement academy, see 29-7-10 NMSA 1978.

Deputy sheriffs' discharge upheld for disruption of office. — Where deputy sheriffs began tape recording their conversations with the sheriff following a quarrel and a subsequent request for the deputies' resignations and the activities of the deputy sheriffs caused animosities and disruption to develop within the sheriff's office, to the end that an air of suspicion and distrust prevailed which impaired the efficiency of the office, the discharge of the deputies was upheld. Serna v. Manzano, 616 F.2d 1165 (10th Cir. 1980).

Reimbursement of sheriff for salaries of deputies. — An account by a sheriff of a county of the fourth class for reimbursement for sums paid out on salary to deputies did not violate N.M. Const., art. X, § 1, prohibiting county officers from receiving to their own use any fees or emoluments other than the legal salary. State ex rel. Garcia v. Board of Comm'rs, 1916-NMSC-030, 21 N.M. 632, 157 P. 656, aff'd, 22 N.M. 562, 166 P. 906.

Liability for acts of deputy. — County sheriff was not liable in damage suit for false return of service by deputy sheriff, either on the theory that deputy acted by virtue of the deputy's office, since plaintiffs had the burden of proving that service of civil process was within the authority of deputy, and they had failed to find any evidence that would meet that burden, or on the theory that deputy acted under color of the deputy's office, since representations which led plaintiffs to believe that they were dealing with sheriff's office did not occur during defendant-sheriff's term of office. Karr v. Dow, 1973-NMCA- 016, 84 N.M. 708, 507 P.2d 455, cert. denied, 84 N.M. 696, 507 P.2d 443.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 12, 16.

Liability of sheriff or his bond for the defaults and misfeasances of his assistants and deputies, 1 A.L.R. 236, 102 A.L.R. 174, 116 A.L.R. 1064, 71 A.L.R.2d 1140.

Liability of sheriff for loss or injury of property levied upon, where it is in charge of agent or deputy, 138 A.L.R. 720.

Civil liability of sheriff or other officer charged with keeping jail or prison for death or injury of prisoner, 14 A.L.R.2d 353, 41 A.L.R.3d 1021. Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.

Validity, construction and application of regulation regarding outside employment of governmental employees or officers, 94 A.L.R.3d 1230.

Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer", justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.

Validity, construction, and application of regulations regarding outside employment of governmental employees of officers, 62 A.L.R.5th 671.

80 C.J.S. Sheriffs and Constables §§ 34, 35.

Notes of Decisions
Cited in 9 cases, 1990–2018 · leading case: Allender v. Scott, 379 F. Supp. 2d 1206 (D.N.M. 2005).
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Allender v. Scott, 379 F. Supp. 2d 1206 (D.N.M. 2005). · cites it 2× “NMSA §§ 4-41-5, 9, 10, 12. 11 . Plaintiff has pointed to a recent New Mexico case, State v.”
Lamendola v. Taos Cnty. Sheriff's Off., 338 F. Supp. 3d 1244 (D.N.M. 2018). · cites it 2× “" N.M. Stat. Ann. § 4-41-5 . Pursuant to Section 4-41-6: [e]ach county is authorized and empowered to establish by ordinance a merit system for the hiring, promotion, discharge and general regulation of the deputies and the employees of the county sheriff's office.”
Bd. of Cnty. Commissioners v. Padilla, 804 P.2d 1097 (N.M. Ct. App. 1990). · cites it 2× “The Treasurer contends that the legislature must have recognized that Section 4-37-1 did not give boards of county commissioners authority to enact merit systems covering other county-wide elected officials, because otherwise it would not have also enacted in the same session…”
State v. Marquez, 2007-NMCA-151, 173 P.3d 1. · cites it 2× “But the State provides this Court with no authority for the proposition that a county sheriff is authorized to enforce a city ordinance such as the noise ordinance at issue in this case.”
Loya v. Gutierrez, 2015-NMSC-017, 350 P.3d 1155. · cites it 2× “See NMSA 1978, § 4-41-5 (1975) 12 (“Deputy sheriffs; appointment and term; merit system”); NMSA 1978, § 4-41-8 13 (1905) (“Deputy sheriff; qualifications; character; revocation of commission”); and 14 NMSA 1978, § 4-41-9 (1855-56) (“Deputy sheriffs; powers and duties”).”
State v. Marquez, 173 P.3d 1 (N.M. Ct. App. 2007). · cites it 2× “But the State provides this Court with no authority for the proposition that a county sheriff is authorized to enforce a city ordinance such as the noise ordinance at issue in this case.”
State v. Sanchez, 2014-NMCA-095, 6 N.M. 675. · cites it 2× “NMSA 1978, Section 4-41-10 (2006) authorizes the sheriff to appoint “regular or permanent deputy sheriffs],” as well as “respectable and orderly persons as special deputies.”
Loya v. Gutierrez, 2015-NMSC-017, 350 P.3d 1155. · cites it 4× “See NMSA 1978, § 4-41-5 (1975) (“Deputy sheriffs; appointment and term; merit system”); NMSA 1978, § 4-41-8 (1905) (“Deputy sheriff; qualifications; character; revocation of commission”); and NMSA 1978, § 4-41-9 (1855-56) (“Deputy sheriffs; powers and duties”).”
State v. Sanchez, 2014-NMCA-095. · cites it 2× “Cross-Commissioning Deputies/Special Deputies {7} NMSA 1978, Section 4-41-5 (1975) authorizes sheriffs in all counties of New Mexico to appoint deputies.”
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