Chapter 31, Article 15 NMSA 1978 may be cited as the “Public Defender Act”. History: 1953 Comp., § 41-22A-1, enacted by Laws 1973, ch. 156, § 1; 2013, ch. 195, § 2. ANNOTATIONS Cross references. — For Indigent Defense Act, see 31-16-1 NMSA 1978. The 2013 amendment, effective June 14, 2013, added the NMSA chapter […]
A. Under the supervision and control of the chief, each district public defender shall administer the operation of the department office within his district. B. The district public defender or the chief may authorize the representation of a person who is without counsel and who is financially unable to obtain counsel when that person is […]
A. For the purposes of the exempt salaries plan prepared pursuant to Section 10-9-5 NMSA 1978, each district public defender shall be considered an assistant in the offices of the chief. B. All employees of the department other than the chief, assistant chief public defenders, appellate defender and district public defenders shall be subject to […]
A. If any person charged with any crime or a delinquent act that carries a possible sentence of imprisonment appears in any court without counsel, the judge shall inform the person of the person’s right: (1) to confer with the district public defender; and (2) if the person is financially unable to obtain counsel, to […]
As used in the Public Defender Act: A. “chief” means the chief public defender; B. “commission” means the public defender commission; C. “court” means the district, metropolitan and magistrate courts of this state; D. “department” means the public defender department; E. “district” means a public defender district; and F. “judge” means a judge of the […]
A. The public defender commission, created pursuant to Article 6, Section 39 of the constitution of New Mexico, consists of eleven members. Members shall be appointed as follows: (1) the governor shall appoint one member; (2) the chief justice of the supreme court shall appoint three members; (3) the dean of the university of New […]
A. A person appointed to the commission shall have: (1) significant experience in the legal defense of criminal or juvenile justice cases; or (2) demonstrated a commitment to quality indigent defense representation or to working with and advocating for the population served by the department. B. The following persons shall not be appointed to and […]
A. The commission shall hold its first meeting by September 1, 2013 and shall organize and elect a chair at that meeting. Three subsequent meetings shall be held in 2013. Thereafter, the commission shall meet at least four times a year, as determined by a majority of commission members. Meetings shall be held at the […]
A. The commission shall exercise independent oversight of the department, set representation standards for the department and provide guidance and support to the chief in the administration of the department and the representation of indigent persons pursuant to the Public Defender Act. B. The commission shall develop fair and consistent standards for the operation of […]
ANNOTATIONS Repeals. — Laws 1985, ch. 32, § 4 repealed 31-15-3 NMSA 1978, as enacted by Laws 1973, ch. 156, § 3, relating to the public defender board, effective June 14, 1985.
A. The chief shall be the administrative head of the department. The commission shall appoint a chief for a term of four years by approval of two-thirds of its members. The commission may reappoint a chief for subsequent terms. A vacancy in the office of the chief shall be filled by appointment by the commission. […]
A. The headquarters of the department shall be maintained at Santa Fe. B. All salaries and other expenses of the department shall be paid by warrants of the secretary of finance and administration, supported by vouchers signed by the chief or the chief’s authorized representative and in accordance with budgets approved by the state budget […]
A. The “public defender automation fund” is created in the state treasury. The fund shall be administered by the department. The department shall report on the status of the fund to the legislative finance committee during each legislative interim. B. All balances in the public defender automation fund are appropriated to the department for the […]
The department may receive on behalf of the state any gifts, grants-in-aid, donations or bequests from any source to be used in carrying out the purposes of the Public Defender Act. History: 1953 Comp., § 41-22A-6, enacted by Laws 1973, ch. 156, § 6.
A. The chief is responsible to the commission for the operation of the department. It is the chief’s duty to manage all operations of the department and to: (1) administer and carry out the provisions of the Public Defender Act with which the chief is charged; (2) exercise authority over and provide general supervision of […]
A. The chief shall establish within the department an appellate division. The appellate division shall be headed by the appellate defender. B. The appellate division shall assist the chief and district public defenders by providing representation before the court of appeals and the supreme court in appellate, review and postconviction proceedings involving persons represented under […]
A. The chief shall designate one or more public defender districts having boundaries coextensive with the boundaries of one or more judicial districts of this state. The chief shall consider the demand for legal services provided under the Public Defender Act, criminal case load statistics, population, geographical characteristics and any other relevant factor in the […]
