Sections 58 through 68 [31-16-1 to 31-16-10 NMSA 1978] of this act may be cited as the "Indigent Defense Act".
History: 1953 Comp., § 41-22-1, enacted by Laws 1968, ch. 69, § 58.
ANNOTATIONSCross references. — For public defender's duties relating to indigents, see 31-15-7 NMSA 1978.
For juvenile court indigency standard, fee schedule and reimbursement, see 32A-2-30 NMSA 1978.
For district court indigency standard, fee schedule and reimbursement, see 34-6-46 NMSA 1978.
For metropolitan court indigency standard, fee schedule and reimbursement, see 34-8A-11 NMSA 1978.
For magistrate court indigency standard, fee schedule and reimbursement, see 35-5-8 NMSA 1978.
Legislative intent. — The legislature does not, in the Indigent Defense Act, provide that the state is to furnish free counsel for persons pursuing civil damage claims. Orrs v. Rodriguez, 1972-NMCA-148, 84 N.M. 355, 503 P.2d 335.
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.
Counsel need not be notified before defendant questioned about unrelated offense. — Where an accused has been charged with one offense and is represented by counsel with respect to that offense, police need not notify that counsel before questioning defendant about another unrelated offense. State v. Seward, 1986-NMCA-062, 104 N.M. 548, 724 P.2d 756, cert. denied, 104 N.M. 522, 724 P.2d 231.
Where conflict in procedure, rule controls. — If Rule 1-092 NMRA and the Indigent Defense Act are in conflict on a procedural matter, the rule must control. State ex rel. Peters v. McIntosh, 1969-NMSC-103, 80 N.M. 496, 458 P.2d 222.
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. — 21A Am. Jur. 2d Criminal Law § 1197 et seq.
Ineffective assistance of counsel: misrepresentation, or failure to advise, of immigration consequences of guilty plea - state cases, 65 A.L.R.4th 719.
Right of indigent defendant in state criminal case to assistance of investigators, 81 A.L.R.4th 259.
22 C.J.S. Criminal Law §§ 277, 278, 292.