Rule 8-111 NMRA
Rule 8-111. Non-attorney prosecutions.
A. Law enforcement officers. Law enforcement officers may file criminal
complaints against persons in the municipal 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 municipal court, except that no law enforcement officer may prosecute any
case that involves a charge of driving under the influence of intoxicating liquor or drugs.
B. Other authorized prosecutions. A municipal officer or employee may appear
and prosecute any petty misdemeanor proceeding on behalf of the municipality if the
municipality has authorized the officer or employee to institute or cause to be instituted
an action on behalf of the governmental entity, except that no municipal officer or
employee may prosecute through a non-attorney any case that involves a charge of
driving under the influence of intoxicating liquor or drugs.
C. Trial procedures. In cases where law enforcement officers and non-attorney
municipal employees are authorized under Paragraphs A and B of this rule to prosecute
complaints they have filed, those officers and employees shall be permitted to testify
and present evidence to the court. In the court’s discretion, such 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.