A. An attorney shall represent a child in a proceeding for which the attorney has been retained or appointed. The attorney shall provide the same manner of legal representation and be bound by the same duties to the child as is due an adult client, in accordance with the rules of professional conduct.
B. Unless excused by a court, an attorney appointed to represent a child shall represent the child in any subsequent appeals.
C. An attorney representing a child in a proceeding pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a child's attorney retains separate counsel to represent the child, the attorney shall provide the court with written notice within ten days of retaining the separate counsel. The child's attorney shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children's court.
History: Laws 2005, ch. 189, § 10.
ANNOTATIONSEffective dates. — Laws 2005, ch. 189 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
ANNOTATIONSLaw reviews. — For note and comment, "Attorneys for Children in Abuse and Neglect Proceedings: Implications for Professional Ethics and Pending Cases", see 36 N.M. L. Rev. 533 (2006).