A. Clients shall be represented by counsel at all proceedings under the code and shall be entitled to obtain advice of counsel at any time regarding their status under the code.
B. The court shall appoint counsel to represent a client who has not retained counsel and is unable to do so. When appointing counsel, the court shall give preference to nonprofit organizations offering representation to persons with a mental illness or a developmental disability. A client shall be liable for the cost of legal representation unless the client is indigent.
History: 1953 Comp., § 34-2A-3, enacted by Laws 1977, ch. 279, § 3; 1978, ch. 161, § 2; 2007, ch. 46, § 43.
ANNOTATIONSCompiler's notes. — For the meaning of "code", see 43-1-3C and 43-1-2 NMSA 1978.
The 2007 amendment, effective June 15, 2007, made non-substantive language changes.
Attorney's fees for appointed counsel on appeal. — Upon a finding by the trial court that the client is indigent, an award of attorney's fees for the services of counsel on appeal is proper. State v. Clayton, 1981-NMCA-018, 95 N.M. 644, 625 P.2d 99.
Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mentally Impaired Persons §§ 3, 24, 35 et seq.
Right to counsel in insanity or incompetency adjudication proceedings, 87 A.L.R.2d 950.
Right of party to have his attorney or physician, or a court reporter, present during his physical or mental examination by a court-appointed expert, 7 A.L.R.3d 881.
Right to notice and hearing prior to revocation of conditional release status of mental patient, 29 A.L.R.4th 394.
57 C.J.S. Mental Health § 31.