On Wednesday, KOAT legal expert John Day explained the process of removing a district attorney from office and what it entails.
“The governor actually does not have direct authority to remove an elected official. The attorney general of New Mexico can file an action in court to have the district attorney declared either negligent or incompetent, unable to perform his or her duties, engaged in corruption— There’s sort of a long list of reasons that a D.A. could be removed through a court action,” Day said.
“There also ways to do it through a citizen, grand jury situation. The governor can fill a vacancy if there’s a vacancy in the office. The governor can appoint a district attorney, but the grounds for removal of a district attorney would be conviction of a felony or a misdemeanor involving moral turpitude,” Day added.
“Failure to fulfill the duties of the office, demanding or receiving legal fees for failure to account for money and gross incompetence or negligence— and anything else that’s considered corruption or what’s called gross immorality,” Day said.
