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
- § 31-16-1 NMSA 1978Short title1 cite
- § 31-16-10 NMSA 1978Counsel not subject to liability1 cite
- § 31-16-2 NMSA 1978Definitions2 cites
- § 31-16-3 NMSA 1978Right to representation
- § 31-16-4 NMSA 1978Notice of right to representation
- § 31-16-5 NMSA 1978Determination of indigency
- § 31-16-6 NMSA 1978Waiver of right to representation
- § 31-16-7 NMSA 1978Recovery from defendant1 cite
- § 31-16-8 NMSA 1978Payment of costs, expenses and attorney fees
- § 31-16-9 NMSA 1978Contractual services of counsel
Enacted in other states
All New Mexico named statutes →
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