Why does the office of the Attorney General handle criminal appeals when the District Attorney prosecutes the cases at trial?
By statute, the District Attorney is authorized to represent the State, including the prosecution of felony crimes, in the district courts. By the terms of the New Mexico Constitution as well as by statute, only the Attorney General is authorized to represent the State in the appellate courts of New Mexico. There are occasions when the District Attorney will appear in the appellate courts, such as when a writ is filed naming the attorney as a party. In criminal appeals the responsibility for defending a criminal conviction is vested in the Attorney General.
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