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Indigent Defense Act

New Mexico · Criminal Procedure · §§ 31-16-1 to 31-16-9 · 10 sections

Overview

The act establishes a statewide system responsible for providing legal representation to criminal defendants who cannot afford counsel, governed by a board with rulemaking and oversight powers and administered by an executive director. It defines when the system must represent a defendant, how applicants qualify for representation, and how private attorneys are appointed and compensated when the system has a conflict of interest or is otherwise unavailable, including through contracts, fee schedules, and heightened compensation in capital cases. It also sets procedures for appeals and post-conviction representation — appointment deadlines, transfer of records and jurisdictional filings, and reassignment of cases — and creates dedicated revolving funds to pay the costs of representation.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 5 court decisions.

Most-cited authority: 470 U.S. 68 - Ake v. Oklahoma

Sections covered

Enacted in other states

Oklahoma

All New Mexico named statutes →

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