A. The chief shall be the administrative head of the department. The commission shall appoint a chief for a term of four years by approval of two-thirds of its members. The commission may reappoint a chief for subsequent terms. A vacancy in the office of the chief shall be filled by appointment by the commission.
B. The commission shall appoint as chief only a person with the following qualifications:
(1) an attorney licensed to practice law in New Mexico or who will be so licensed within one year of appointment;
(2) an attorney whose practice of law has been active for at least five years immediately preceding the date of this appointment;
(3) an attorney whose practice of law has included a minimum of five years' experience in defense of persons accused of crime; and
(4) an attorney who has clearly demonstrated management or executive experience.
C. The chief may be removed by the commission; provided, however, that no removal shall be made without notice of hearing and an opportunity to be heard having been first given to the chief.
History: 1953 Comp., § 41-22A-4, enacted by Laws 1973, ch. 156, § 4; 1977, ch. 257, § 58; 1985, ch. 32, § 2; 2013, ch. 195, § 8.
ANNOTATIONSThe 2013 amendment, effective June 14, 2013, provided for the appointment and removal of the chief public defender; in the title, after "defender", added "appointment" and after "qualifications", added "removal"; in Subsection A, in the first sentence, after "The", deleted "governor shall appoint the", after "chief", deleted "who", added the second sentence, and in the fourth sentence, after appointment by the", deleted "governor" and added "commission"; in Subsection B, in the introductory sentence, after "The", deleted "governor" and added "commission"; in Paragraph (1) of Subsection B, after "practice law in", deleted "the highest court in this state" and added the remainder of the sentence; in Paragraph (2) of Subsection B, after "law has been" deleted "continuously"; in Paragraph (3) of Subsection B, after "practice of law has", deleted "clearly demonstrated" and added "included a minimum of five years'", after "defense", deleted "or prosecution", and after "crime", deleted "in this state"; added Paragraph (4) of Subsection B; and in Subsection C, after "The chief", deleted "shall serve at the pleasure of the governor" and added the remainder of the sentence.
Temporary provisions. — Laws 2013, ch. 195, § 12, provided that the chief public defender serving on the effective date of Laws 2013, ch. 195, June 14, 2013, shall continue serving until a chief public defender is appointed by the public defender commission, but shall not serve after January 1, 2014, and that nothing in the act prohibits the public defender commission from reappointing the chief public defender serving on the effective date of the act.
The 1985 amendment substituted the present catchline for "Duties of the public defender board" in the catchline and deleted former Subsection D, relating to the public defender board's advisory capacity.