New Mexico
The state of New Mexico funds and administers indigent defense services in adult criminal trials for some court levels. Local governments are responsible for other court levels. A state commission oversees state-administered services only.
The state of New Mexico funds and administers all indigent defense services for adult criminal cases in its appellate courts. A state commission is responsible for providing oversight of appellate representation.
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33 Counties Primarily State Funded
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33 Counties Primarily State Administered
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33 Counties with a Commission With Limited Authority
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33 Counties State Funded
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33 Counties State Administered
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33 Counties with a Commission With Statewide Authority
New Mexico’s state-funded public defender department administers indigent defense services in every court in the state, except for municipal courts where the state requires local governments to fund and administer all services. State-administered services are regionalized by district. Public defender offices and private attorneys under contract deliver services. The state agency also provides appellate and post-conviction representation statewide. Municipalities are responsible for funding and administering indigent defense services in municipal courts and do not contract with the state to provide services.
The New Mexico Public Defender Commission appoints the chief public defender to head the state agency. The commission is the only indigent defense oversight commission in the country whose creation was mandated by a state constitutional amendment. Diverse authorities appoint the commission’s 11 members. The commission has the authority to promulgate and enforce standards. Its scope is limited to state-administered services; the commission has no oversight of indigent defense services in municipal courts.
New Mexico’s state-funded public defender department administers indigent defense services in adult and juvenile appeals. The state provides appellate representation through a statewide office as well as contracts with private attorneys. The state agency also provides trial representation in adult and juvenile cases.
The New Mexico Public Defender Commission appoints the chief public defender to head the state agency. The commission is the only indigent defense oversight commission in the country whose creation was mandated by a state constitutional amendment. Diverse authorities appoint the commission’s 11 members. The commission has the authority to promulgate and enforce standards.
Dig Deeper
Who serves on the commission?
How is conflict representation provided and compensated?
What are the required qualifications of the chief public defender?
Is an indigent defendant required to pay a fee for their appointed counsel?
In which branch of state government does the indigent defense system reside?
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
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