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.
ANNOTATIONSCross references. — For Indigent Defense Act, see 31-16-1 NMSA 1978.
The 2013 amendment, effective June 14, 2013, added the NMSA chapter and article for the Public Defender Act; and at the beginning of the sentence, changed "This act" to "Chapter 31, Article 15 NMSA 1978".
Multiple representation. — While it is incontestable that a criminal defendant is entitled to representation, there is no support for the argument that more than one attorney must be appointed to represent an indigent defendant based merely on the claim that a case is complex and a conviction would carry serious consequences to the defendant. State v. Chamberlain, 1991-NMSC-094, 112 N.M. 723, 819 P.2d 673.
Immunity extends to attorneys under contract to public defender. — The Public Defender Act (this article) does not contain any language about immunity or lack of immunity, but reading the Public Defender Act and the Judgment Defense Act in pari materia, the legislature intended the immunity granted in this section to attorneys appointed under the Indigent Defense Act to apply also to those appointed because they are under contract to the public defender. Herrera v. Sedillo, 1987-NMCA-098, 106 N.M. 206, 740 P.2d 1190.
Legal representation of juveniles. — The public defender department has the responsibility of providing legal representation for indigent juveniles. 1973 Op. Att'y Gen. No. 73-58.
Law reviews. — For annual survey of criminal procedure in New Mexico, see 18 N.M.L. Rev. 345 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of statutes providing for office of public defender, 36 A.L.R.3d 1403.
Public defender's immunity from liability for malpractice, 6 A.L.R.4th 774.