reglab/housing_qa huggingface dataset:
NM Stat § 31-15-9 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 15 - Public Defenders|Section 31-15-9 - Duty of chief public defender to establish district public defender office; appointment of district public defender.

A. The chief shall designate one or more public defender districts having boundaries coextensive with the boundaries of one or more judicial districts of this state. The chief shall consider the demand for legal services provided under the Public Defender Act, criminal case load statistics, population, geographical characteristics and any other relevant factor in the designation of public defender districts. B. The chief may review the designation of districts at any time. The review shall be based on the same factors enumerated in Subsection A of this section. On the basis of the review the chief may change the designation of any district so long as the new designation has boundaries coextensive with the boundaries of one or more judicial districts of this state. C. The chief shall appoint a district public defender in each district. The district public defender shall administer the operation of the district and shall serve at the pleasure of the chief. Each district public defender shall be an attorney licensed to practice law in the highest courts of this state and a resident of this state. History: 1953 Comp., § 41-22A-9, enacted by Laws 1973, ch. 156, § 9. ANNOTATIONSTemporary provisions. — Laws 1973, ch. 156, § 13, provided for the limitation of the chief public defender to designated districts and to appoint district public defenders during the sixty-second fiscal year to establish pilot programs.
NM Stat § 31-15-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 15 - Public Defenders|Section 31-15-11 - Compensation; private practice of law by attorneys employed by the department prohibited.

A. For the purposes of the exempt salaries plan prepared pursuant to Section 10-9-5 NMSA 1978, each district public defender shall be considered an assistant in the offices of the chief. B. All employees of the department other than the chief, assistant chief public defenders, appellate defender and district public defenders shall be subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978], unless the employees are exempted from the Personnel Act by the commission. C. Before the commission may exempt the department from the Personnel Act, the commission shall develop and adopt personnel policies for the department; provided that no employee of the department, except the chief, assistant chief public defenders, appellate defender and district public defenders, shall have fewer rights under these policies than under the Personnel Act and under administrative rules applicable to state employees on the effective date of this 2014 act. D. No chief, assistant chief public defender, appellate defender, district public defender or attorney hired on a full-time basis as an assistant to the chief or to a district public defender, while holding that office or employed in that capacity, shall engage in the private practice of law. Attorneys who serve as counsel for indigent persons under contract with the department may engage in the private practice of law. History: 1953 Comp., § 41-22A-11, enacted by Laws 1973, ch. 156, § 11; 1977, ch. 257, § 61; 2014, ch. 78, § 5. ANNOTATIONSThe 2014 amendment, effective May 21, 2014, required the public defender commission to develop and adopt personnel policies before it exempts the public defender department from the Personnel Act; in Subsection A, after "offices of the chief", deleted "public defender"; in Subsection B, after "other than the chief", deleted "public defender" and added "assistant chief public defenders, appellate defender", and after "Personnel Act", added the remainder of the sentence; added Subsection C; and in Subsection D, in the first sentence, after "No chief", added "assistant chief public defender, appellate defender".
NM Stat § 31-16-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16 - Defense of Indigents|Section 31-16-1 - Short title.

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.
NM Stat § 31-16-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16 - Defense of Indigents|Section 31-16-2 - Definitions.

As used in the Indigent Defense Act: A. "detain" means to have in custody or otherwise deprive of freedom of action; B. "expenses", when used with reference to representation, includes the expenses of investigation, other preparation and trial; C. "needy person" means a person who, at the time his need is determined by the court, is unable, without undue hardship, to provide for all or a part of the expenses of legal representation from available present income and assets; and D. "serious crime" includes a felony and any misdemeanor or offense which carries a possible penalty of confinement for more than six months. History: 1953 Comp., § 41-22-2, enacted by Laws 1968, ch. 69, § 59; 1973, ch. 210, § 1.
NM Stat § 31-16-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16 - Defense of Indigents|Section 31-16-6 - Waiver of right to representation.

A person who has been appropriately informed under Section 61 [31-16-4 NMSA 1978] of the Indigent Defense Act may waive in writing or by other record any right provided by the Indigent Defense Act if the court authorized to appoint counsel, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person's age, education and familiarity with English and the complexity of the crime involved. History: 1953 Comp., § 41-22-6, enacted by Laws 1968, ch. 69, § 63. ANNOTATIONSFailure to advise defendant of possible jail sentence. — There was no voluntary knowing, and intelligent waiver of the right to an attorney where defendant was advised of the allowable penalty, but was not aware of the possibility of a jail sentence when defendant waived the right to an attorney. Smith v. Maldonado, 1985-NMSC-115, 103 N.M. 570, 711 P.2d 15. Effective waiver of right to counsel. — Where both the justice of the peace and the district court advised defendant that, if indigent, counsel would be appointed to represent him, where defendant affirmatively waived counsel in both courts and where the district court questioned defendant extensively as to his understanding of the charges, the penalties if convicted, his various rights, including the right to counsel, to a jury trial and to an appeal if found guilty, then defendant's motion for post-conviction relief on the grounds of lack of counsel was denied, as defendant effectively waived his right to counsel. State v. Martin, 1969-NMCA-079, 80 N.M. 531, 458 P.2d 606. Am. Jur. 2d, A.L.R. and C.J.S. references. — 21A Am. Jur. 2d Criminal Law § 1237 et seq. Validity and efficacy of minor's waiver of right to counsel, 25 A.L.R.4th 1072. 22 C.J.S. Criminal Law § 292.
NM Stat § 31-16-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16 - Defense of Indigents|Section 31-16-7 - Recovery from defendant.

A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under the Indigent Defense Act: (1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B [31-16-5 NMSA 1978] of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received. B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by Subsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. C. Amounts recovered under this section shall be paid to the state treasurer for credit to the state general fund. History: 1953 Comp., § 41-22-7, enacted by Laws 1968, ch. 69, § 64. ANNOTATIONSCross references. — For jury and witness fee fund, see 34-9-11 NMSA 1978. Legislative intent. — The legislature did not, in the Indigent Defense Act, provide that the state was to furnish free counsel for persons pursuing civil damage claims. Orrs v. Rodriguez, 1972-NMCA-148, 84 N.M. 355, 503 P.2d 335. Defendant's financial means. — In resolving the factual question as to defendant's financial means, the defendant's answers should be under oath. The factual question is not whether defendant ought to be able to employ counsel, but whether he is able to do so. State v. Anaya, 1966-NMSC-144, 76 N.M. 572, 417 P.2d 58.
NM Stat § 31-16-9 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16 - Defense of Indigents|Section 31-16-9 - Contractual services of counsel.

In order to facilitate representation in matters arising before appearance in any court in matters covered by the Indigent Defense Act, the director of the administrative office of the courts may, upon direction of the supreme court with respect to habeas corpus proceedings initiated in the supreme court, or upon request of a district court, enter into contracts with attorneys designated by these courts whereby the attorney shall undertake to perform the services of assigned counsel in all or any specified portion of the cases originating within the judicial district. All contracts shall be approved by the chief justice of the supreme court and all payments provided therein shall be made by the supreme court or in the appropriate district court requesting the contract, but in no instance shall contract payments exceed the maximums set out in Section 65 [31-16-8 NMSA 1978] of the Indigent Defense Act. History: 1953 Comp., § 41-22-9, enacted by Laws 1968, ch. 69, § 66.
NM Stat § 31-16-10 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16 - Defense of Indigents|Section 31-16-10 - Counsel not subject to liability.

No attorney assigned or contracted with to perform services under the Indigent Defense Act shall be held liable in any civil action respecting his performance or nonperformance of such services. History: 1953 Comp., § 41-22-10, enacted by Laws 1968, ch. 69, § 67. ANNOTATIONSImmunity extends to those under contract to public defender. — The Public Defender Act (31-15-1 to 31-15-12) does not contain any language about immunity or lack of immunity, but reading the Public Defender Act and the Judgment Defense Act in pari materia, the legislature intended the immunity granted in this section to attorneys appointed under the Indigent Defense Act to apply also to those appointed because they are under contract to the public defender. Herrera v. Sedillo, 1987-NMCA-098, 106 N.M. 206, 740 P.2d 1190. Immunity not violation of equal protection. — Public defenders, whether regular employees of the public defender's office or performing as contractors, are immune from malpractice claims, and statutes providing such immunity did not violate the equal protection rights of a former prisoner. Coyazo v. State, 1995-NMCA-056, 120 N.M. 47, 897 P.2d 234. Am. Jur. 2d, A.L.R. and C.J.S. references. — Incompetency, negligence, illness or the like of counsel as ground for new trial or reversal in criminal case, 24 A.L.R. 1025, 64 A.L.R. 436. Attorney's refusal to accept appointment to defend indigent, or to proceed in such defense, as contempt, 36 A.L.R.3d 1221. Court-appointed attorney as subject to liability under 42 U.S.C.S. § 1983, 36 A.L.R. Fed. 594.
NM Stat § 31-16A-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16A - Preprosecution Diversion|Section 31-16A-1 - Short title.

This act [31-16A-1 to 31-16A-8 NMSA 1978] may be cited as the "Preprosecution Diversion Act". History: Laws 1981, ch. 33, § 1.
NM Stat § 31-16A-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16A - Preprosecution Diversion|Section 31-16A-2 - Purpose.

The purposes of the Preprosecution Diversion Act are to remove those persons from the criminal justice system who are most amenable to rehabilitation and least likely to commit future offenses, to provide those persons with services designed to assist them in avoiding future criminal activity, to conserve community and criminal justice resources, to provide standard guidelines and to evaluate preprosecution programs. History: Laws 1981, ch. 33, § 2.
NM Stat § 31-16A-3 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16A - Preprosecution Diversion|Section 31-16A-3 - Program establishment.

Each district attorney shall establish a preprosecution diversion program in his judicial district in accordance with the provisions of the Preprosecution Diversion Act to the extent public or private funds permit. History: Laws 1981, ch. 33, § 3.
NM Stat § 31-16A-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16A - Preprosecution Diversion|Section 31-16A-4 - Eligibility.

A. A defendant shall meet the following minimum criteria to be eligible for a preprosecution diversion program:(1) the defendant shall have no prior felony convictions for a violent crime;(2) the defendant is willing to participate in the program and submit to all program requirements;(3) any additional criteria set by the district attorney.B. A person who meets all of the criteria pursuant to Subsection A of this section may be entered into the preprosecution diversion program; provided that the district attorney may elect not to divert a person to the preprosecution diversion program even though that person meets the minimum criteria set forth in this section.C. A decision by the district attorney not to divert a person to the preprosecution diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding. History: Laws 1981, ch. 33, § 4; 2019, ch. 211, § 5. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, revised eligibility requirements for preprosecution diversion, requiring only that the defendant have no prior felony convictions for a violent crime and is willing to participate in the program and submit to program requirements while allowing the district attorney to set any additional requirements; in Subsection A, after "defendant", deleted "must" and added "shall", in Paragraph A(1), after "defendant", deleted "must" and added "shall", after "violent crime;", deleted "and no prior felony convictions for any crime for the previous ten years", deleted former Paragraphs A(2) through A(4) and redesignated former Paragraph A(5) as Paragraph A(2), deleted former Paragraphs A(6) and Paragraph A(7), and added a new Paragraph A(3); in Subsection B, after "A", deleted "district attorney may set additional criteria" and added the remainder of the subsection; and added Subsection C.
NM Stat § 31-16A-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16A - Preprosecution Diversion|Section 31-16A-5 - Program functions and responsibilities.

The preprosecution diversion program in each judicial district shall include: A. individual counseling and guidance for all participants; B. required victim restitution where applicable to the extent practical. In addition to monetary restitution, a program may require public service restitution; and C. referral resources where clients may be sent for treatment and rehabilitation. History: Laws 1981, ch. 33, § 5. ANNOTATIONSTermination of preprosecution agreement by state. — The state may terminate a preprosecution diversion agreement, even if the sole ground is the defendant's nonwilful failure to make restitution, but only if there are no adequate alternatives to termination which will meet the state's legitimate penological interests. State v. Jimenez, 1991-NMSC-041, 111 N.M. 782, 810 P.2d 801.
NM Stat § 31-16A-6 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16A - Preprosecution Diversion|Section 31-16A-6 - Waivers; suspension of criminal proceedings.

A. A defendant must secure or be appointed defense counsel to be present at a preprosecution diversion screening interview prior to applying for acceptance into a preprosecution diversion program, and, upon applying, the defendant shall waive his constitutional right to a preliminary hearing as set forth in Rule 15(d) of the Rules of Criminal Procedure for the Magistrate Courts [Rule 6-202D NMRA]. B. If a defendant is certified eligible by the district attorney and by the preprosecution diversion program, the defendant shall also waive his constitutional right to a speedy trial and any rights as provided by Rule 37(b) of the Rules of Criminal Procedure for the District Court [Courts] [Rule 5-604B NMRA]. Upon entry of this waiver, the district attorney shall divert the defendant into the preprosecution diversion program and criminal proceedings against the defendant shall be suspended. Participating defendants shall also waive any confidentiality provided by the Arrest Record Information Act [29-10-1 NMSA 1978] to permit scrutiny of records; provided that the publication of the personal information, except the name of the defendant, gathered while a defendant is participating in a program shall not be a public record. History: Laws 1981, ch. 33, § 6. ANNOTATIONSBracketed material. — The bracketed material in this section was added by the compiler for clarity and it is not part of the law.
NM Stat § 31-16A-8 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 16A - Preprosecution Diversion|Section 31-16A-8 - Record keeping.

A. Each district attorney shall maintain an accurate record of each individual accepted into a preprosecution diversion program for the purpose of complying with the requirements of Paragraph (4) of Subsection A of Section 4 [31-16A-4A(4) NMSA 1978] of the Preprosecution Diversion Act. B. Each district attorney shall be required to forward to the state police accurate records of acceptance, successful termination or unsuccessful termination of each individual accepted into the program. The state police shall be required to maintain accurate records of all information forwarded to them by each respective district attorney concerning acceptance, successful termination or unsuccessful termination of all preprosecution diversion programs. History: Laws 1981, ch. 33, § 8.
NM Stat § 31-18-1 to 31-18-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-1 to 31-18-11 - Repealed.

ANNOTATIONSRepeals. — Laws 1977, ch. 216, § 17, repealed 40A-29-1 to 40A-29-3.1, 40A-29-5 to 49A-29-11, 1953 Comp. (31-18-1 to 31-18-11 NMSA 1978), relating to sentencing of offenders.
NM Stat § 31-18-12 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-12 - Short title.

Chapter 31, Article 18 NMSA 1978 may be cited as the "Criminal Sentencing Act". History: 1953 Comp., § 40A-29-26, enacted by Laws 1977, ch. 216, § 1; 1994, ch. 24, § 1. ANNOTATIONSThe 1994 amendment, effective July 1, 1994, substituted "Chapter 31, Article 18 NMSA 1978" for "The provisions of Sections 40A-29-26 through 40A-29-34 NMSA 1953". Law reviews. — For comment, "Definitive Sentencing in New Mexico: The 1977 Criminal Sentencing Act," see 9 N.M.L. Rev. 131 (1978-79). For article, "Survey of New Mexico Law, 1982-83: Criminal Law," see 14 N.M.L. Rev. 89 (1984).
NM Stat § 31-18-14.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-14.1 - Repealed.

History: 1978 Comp., § 31-18-14.1, enacted by Laws 2001, ch. 128, § 1; repealed by Laws 2009, ch. 11, § 5.ANNOTATIONSRepeals. — Laws 2009, ch. 11, § 5 repealed 31-18-14.1 NMSA 1978, as enacted by Laws 2001, ch. 128, § 1, relating to capital felony sentencing hearings and explanations by court to the jury, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.