Public Defender Act
New Mexico · Criminal Procedure · §§ 31-15-1 to 31-15-9 · 17 sections
Overview
The Public Defender Act governs the delivery of publicly funded legal representation to people who cannot afford to hire their own counsel. It establishes a state public defender commission with a dedicated fund and an executive director, and organizes defense services into offices covering trial-level work and capital, conflicts, and appellate matters, along with a division serving as an ombudsman for juveniles. It further sets how public defender positions are funded, distributed, filled, and compensated, defines their duties and the conduct and conflicts of interest barred to them, and provides mechanisms for certifying indigency, setting schedules of costs for legal services, and assessing and recovering fees owed.
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 1 court decision.
Most-cited authority: 49 FAPPX 757 - Tisthammer v. Williams
Sections covered
- § 31-15-1 NMSA 1978Short title1 cite
- § 31-15-10 NMSA 1978Duties of district public defender
- § 31-15-11 NMSA 1978Compensation; private practice of law by attorneys employed by the department prohibited
- § 31-15-12 NMSA 1978Explanation of rights; waiver of counsel; application fee; indigency determination
- § 31-15-2 NMSA 1978Definitions
- § 31-15-2.1 NMSA 1978Public defender commission; membership; terms; removal
- § 31-15-2.2 NMSA 1978Public defender commission; member qualifications
- § 31-15-2.3 NMSA 1978Public defender commission; organization; meetings
- § 31-15-2.4 NMSA 1978Public defender commission; powers and duties; restriction on individual member
- § 31-15-3 NMSA 1978Repealed
- § 31-15-4 NMSA 1978Chief public defender; appointment; qualifications; removal
- § 31-15-5 NMSA 1978Public defender department; administration; finance
- § 31-15-5.1 NMSA 1978Public defender automation fund created; administration; distribution
- § 31-15-6 NMSA 1978Public defender department; powers
- § 31-15-7 NMSA 1978Chief public defender; general duties and powers
- § 31-15-8 NMSA 1978Duty of chief public defender to establish appellate division; duty of appellate division
- § 31-15-9 NMSA 1978Duty of chief public defender to establish district public defender office; appointment of district public defender
Enacted in other states
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