Duty of chief public defender to establish appellate division; duty of appellate division.

1. Law
2. New Mexico Statutes
3. Criminal Procedure
4. Public Defenders
5. Duty of chief public defender to establish appellate division; duty of appellate division.

A. The chief shall establish within the department an appellate division. The appellate division shall be headed by the appellate defender.

B. The appellate division shall assist the chief and district public defenders by providing representation before the court of appeals and the supreme court in appellate, review and postconviction proceedings involving persons represented under the Public Defender Act.

C. The appellate division shall assist private counsel not employed under the Public Defender Act in any appellate, review or postconviction remedy proceeding by providing representation for persons entitled to representation under the Indigent Defense Act [31-16-1 to 31-16-10 NMSA 1978].

History: 1953 Comp., § 41-22A-8, enacted by Laws 1973, ch. 156, § 8; 2014, ch. 78, § 4.

ANNOTATIONS

Compiler's notes. — Laws 1973, ch. 156, § 13, provided for the chief public defender to establish an appellate division during the sixty-second fiscal year, to handle all appellate proceedings under the act.

The 2014 amendment, effective May 21, 2014, required that the appellate division be headed by the appellate defender; and in Subsection A, added the second sentence.

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