Indigency standard; fee schedule; reimbursement.

Checkout our iOS App for a better way to browser and research.

A. The court shall use a standard adopted and information provided by the public defender department to determine indigency of children in proceedings on petitions alleging delinquency.

B. The court shall use a fee schedule adopted by the public defender department when appointing attorneys to represent children in proceedings on petitions alleging delinquency.

C. The court shall order reimbursement from the parents or guardians of a child who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that the child was not indigent according to the standard for indigency of children adopted by the public defender department.

D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund.

History: 1978 Comp., § 32A-2-30, enacted by Laws 1993, ch. 77, § 59; 2005, ch. 189, § 23.

ANNOTATIONS

Cross references. — For defense of indigents, see 31-16-1 to 31-16-10 NMSA 1978.

For form for indigent defense services eligibility determination in children's court, see Rule 10-408 NMRA.

The 2005 amendment, effective June 17, 2005, in Subsection C, deleted "or custodian".


Download our app to see the most-to-date content.