N.M. Stat. § 4-41-9 (2026)

Deputies are authorized to discharge all the duties that belong to the office of sheriff
that may be placed under their charge by their principals, with the same effect as
though they were executed by the respective sheriffs. If there is a vacancy in the office
of sheriff, the highest-ranking deputy sheriff or under-sheriff, who is qualified to hold the
office of sheriff, shall exercise the powers of sheriff until a sheriff is appointed and
qualified.

History: Laws 1855-1856, ch. 2, § 3; C.L. 1865, ch. 99, § 11; C.L. 1884, § 403; C.L.
1897, § 740; Code 1915, § 1259; C.S. 1929, § 33-4415; 1941 Comp., § 15-3811; 1953
Comp., § 15-40-11; 1978 Comp., § 4-41-9, 2017, ch. 56, § 1.

                                      ANNOTATIONS

The 2017 amendment, effective April 6, 2017, authorized a deputy sheriff or under-
sheriff to exercise the powers of sheriff while there is a vacancy in the office of sheriff;
added the catchline "Powers of deputy sheriff"; in the first sentence, deleted "The said";
and, added the last sentence.

A "special deputy" does not necessarily lack the authority to serve a writ of
execution or make levy pursuant to writ. Novak v. Dow, 1970-NMCA-104, 82 N.M. 30,
474 P.2d 712.

Use of force in making arrest. — Large rocks, hurled by misdemeanant at deputy
sheriff in resisting arrest, were dangerous weapons, justifying resort to extreme
measures on part of deputy. State v. Vargas, 1937-NMSC-049,42 N.M. 1, 74 P.2d 62,
distinguished in State v. Gabaldon, 1939-NMSC-060, 43 N.M. 525, 96 P.2d 293.

Jury instruction as to status of deputy sheriff. — In murder prosecution in which
there was a question as to whether the defendant was a deputy sheriff acting to perfect
or enforce an arrest when the killing occurred, instructions leaving question whether
defendant was a deputy sheriff to the jury were proper where there was no direct
evidence that such was the case. Territory v. Kimmick, 1910-NMSC-058, 15 N.M. 178,
106 P. 381.
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.

Deputy sheriffs may not exercise any power other than those delegated by the
sheriff, and, therefore, the deputy sheriff does not exercise his powers and duties
independently of a superior power, nor is he subject only to the general control of a
power placed over him by the legislature. The detailed supervision and control
exercised over deputy sheriffs by their sheriffs eliminate the office of deputy sheriff from
the category of a public office and place it in the category of public employment. 1960
Op. Att'y Gen. No. 60-222.

Duties of public weighmasters. — Deputy sheriffs, in their official capacity, are
required to perform the duties of public weighmasters when so designated by the
sheriffs, and are not to receive for their own use any fees or other extra compensation
for their services. 1931 Op. Att'y Gen. 31-183.

Disposition of fees recovered by deputies in connection with performance of
duties. — Deputy sheriffs are entitled to no other compensation for the performance of
their duties, which includes the service of civil and criminal papers as authorized by
statute, than their salaries, and all fees recovered by them in connection with the
performance of such duties must be remitted to the county treasurers of their respective
counties. 1954 Op. Att'y Gen. No. 54-6033.

Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat.
Resources J. 75 (1962).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and
Constables §§ 9, 50, 63.

80 C.J.S. Sheriffs and Constables §§ 57 to 60.