Rule 6-108. Non-attorney prosecutions.

A. Law enforcement officers. Law enforcement officers may file criminal complaints against persons in the magistrate court that has jurisdiction over the alleged offense. Criminal complaints shall be limited to charges within the jurisdiction of the court. Law enforcement officers may prosecute misdemeanor criminal complaints they have filed in magistrate court, except that no law enforcement officer may prosecute any case that (1) is tried before a jury; (2) involves a charge of driving under the influence of intoxicating liquor or drugs; or (3) involves a charge of domestic violence under Sections 30-3-12, 30-3-15, 30-3-16, 30-3-18, or 40-13-6 NMSA 1978. B. Other authorized prosecutions. A governmental entity may appear and prosecute any misdemeanor proceeding if the appearance is by an employee of the governmental entity authorized by the governmental entity to institute or cause to be instituted an action on behalf of the governmental entity, except that no governmental entity may prosecute through a non-attorney any case that (1) is tried before a jury; (2) involves a charge of driving under the influence of intoxicating liquor or drugs; or (3) involves a charge of domestic violence under Sections 30-3-12, 30-3-15, 30-3-16, 30-3-18, or 40-13-6 NMSA 1978. C. Trial procedures. In cases where law enforcement officers and non-attorney government employees are authorized under Paragraphs A and B of this rule to prosecute complaints they have filed, those law enforcement officers and government employees shall be permitted to testify and present evidence to the court. In the court’s discretion, those parties may also ask questions of witnesses, either directly or through the court, and may make statements bringing pertinent facts and legal authorities to the court’s attention. D. Probation violations. Persons employed as probation officers or compliance officers with a county misdemeanor compliance program or county DWI compliance program may appear and prosecute probation violations they have filed in magistrate court. Those officers may participate in any related court proceedings in the same manner as provided for law enforcement officers and non-attorney government employees under Paragraph C. E. Special prosecutor. Nothing in this rule shall prevent the district attorney from appointing an attorney to act as a special prosecutor for those cases in which a law enforcement officer or an employee acting under authority of a governmental entity has been unable to resolve a case through pretrial procedures and the case must be tried before a jury.