reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 11 - Appeals and Post-Conviction Remedies › Section 31-11-5 - [New trial granted; procedure in district court.]

The district court to which any criminal cause shall be remanded for new trial shall proceed thereon in same manner as if said cause had not been theretofore tried.
History:
Laws 1917, ch. 43, § 57; C.S. 1929, § 105-2531; 1941 Comp., § 42-1507; 1953 Comp., § 41-15-7.
ANNOTATIONS
Cross references.
— For appellate rule,
see
Rule 12-402 NMRA.
Definition of "new trial".
— The usual definition of a new trial, both common law and statutory, is that it is a reexamination of an issue of fact in the same court after a verdict by a jury.
State v. Nelson
, 1959-NMSC-023, 65 N.M. 403, 338 P.2d 301, cert. denied, 361 U.S. 877, 80 S. Ct. 142, 4 L. Ed. 2d 115.
District court retries and reexamines all fact issues.
— Since a vast majority of judicial pronouncements relative to a new trial state that it is a reexamination of an issue of fact in the same court, the legislature, by enacting this section, did not intend to provide that the trial judge who had presided over the original trial without objection could be ousted of jurisdiction to retry the case. Nor does this statutory provision contemplate a new information or indictment, rearrest or a new preliminary hearing. This section simply means that the district court to which any case is remanded for a new trial shall reexamine and retry all issues of fact.
State v. Nelson
, 1959-NMSC-023, 65 N.M. 403, 338 P.2d 301, cert. denied, 361 U.S. 877, 80 S. Ct. 142, 4 L. Ed. 2d 115.
Reexamination of fact not admissiblity of evidence.
— This section simply means that the district court to which any case is remanded for a new trial shall re-examine and re-try all issues of fact. Neither the wording nor the title of the act of which this section is a part suggests in any manner that it applies to the admissibility of evidence upon retrial.
State v. De Santos
, 1978-NMCA-012, 91 N.M. 428, 575 P.2d 612.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 Am. Jur. 2d New Trial §§ 587 to 590.
Right of indigent defendant in criminal case to aid of state as regards new trial, 55 A.L.R.2d 1072.
Conviction of lesser offense as bar to prosecution for greater offense on new trial, 61 A.L.R.2d 1141.
Propriety of increased punishment on new trial for same offense, 12 A.L.R.3d 978.
Appeal by state of order granting new trial in criminal case, 95 A.L.R.3d 596.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 51, § 1, repealed 31-12-1 and 31-12-2 NMSA 1978, relating to the reporting of fines by the county clerk and their credit to the state school fund, and the collection of fines by sheriff, respectively.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 51, § 1, repealed 31-12-4 and 31-12-5 NMSA 1978, relating to fees in criminal cases and the charging of illegal fees, respectively.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-7 - Motor vehicles; influence of intoxicating liquor or drugs; fee upon conviction. (Repealed effective July 1, 2024.)

Notwithstanding the provisions of Section 66-8-102 NMSA 1978 or any municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs, a person convicted of a violation of Section 66-8-102 NMSA 1978 or a violation of a municipal ordinance that prohibits driving while under the influence of intoxicating liquor or drugs shall be assessed by the court, in addition to any other fee or fine:
A. a fee of eighty-five dollars ($85.00) to defray the costs of chemical and other tests used to determine the influence of liquor or drugs; and
B. a fee of seventy-five dollars ($75.00) to fund comprehensive community programs for the prevention of driving while under the influence of intoxicating liquor or drugs and for other traffic safety purposes.
History:
Laws 1981, ch. 367, § 1; 1988, ch. 56, § 5; 1991, ch. 245, § 1; 1997, ch. 203, § 1; 2010, ch. 5, § 1.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 184, § 19 repealed 31-12-7 NMSA 1978, effective July 1, 2024.
Cross references.
— For the traffic offense of being under the influence of intoxicating liquor,
see
66-8-102 NMSA 1978.
The 2010 amendment,
effective July 1, 2010, in Subsection A, increased the fee from sixty five dollars ($65.00) to eighty five dollars ($85.00).
The 1997 amendment,
effective June 20, 1997, in Subsection A, substituted "sixty-five dollars ($65.00)" for "thirty-five dollars ($35.00)" and made a minor stylistic change.
The 1991 amendment,
effective October 1, 1991, designated a formerly undesignated provision as Subsection A; added Subsection B; and made minor stylistic changes in the introductory paragraph.
The 1988 amendment,
effective July 1, 1988, substituted "Section 66-8-102 NMSA 1978" for "Section 66-8-110 NMSA 1978" near the beginning of the section, inserted provisions following the two section references, regarding violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs, inserted "by the court" near the end and substituted "thirty-five dollars ($35.00)" for "twenty-five dollars ($25.00)" also near the end.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-8 - Controlled substances; fee upon conviction; municipal ordinance requirement. (Repealed effective July 1, 2024.)

A. A person convicted of a violation of the provisions of the Controlled Substances Act [30-31-1 NMSA 1978] or a person convicted of distribution or possession of a controlled substance pursuant to municipal ordinance shall be assessed, in addition to any other fee or fine, a fee of seventy-five dollars ($75.00) to defray the costs of chemical and other analyses of controlled substances.
B. Every municipality which has enacted an ordinance making possession or distribution of a controlled substance unlawful shall enact an ordinance to require assessment of the fee pursuant to Subsection A of this section and to provide for transmittal of the money collected to the administrative office of the courts pursuant to Section 31-12-9 NMSA 1978, notwithstanding the provisions of Section 35-14-7 NMSA 1978. All fees collected under this section shall be subject to an audit by the state auditor.
History:
Laws 1981, ch. 367, § 2; 1984, ch. 82, § 1; 1988, ch. 14, § 5.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 184, § 19 repealed 31-12-8 NMSA 1978, effective July 1, 2024.
The 1988 amendment,
effective July 1, 1988, deleted "misdemeanor or a petty misdemeanor for a" preceding "violation" and substituted "seventy-five dollars ($75.00)" for "twenty-five dollars ($25.00)" in Subsection A.
The 1984 amendment
added "municipal ordinance requirement" in the catchline, designated the previously undesignated provisions of the section as Subsection A, inserting "or a person convicted of distribution or possession of a controlled substance pursuant to municipal ordinance" therein, and added Subsection B.
Conditional discharge dismissal not "conviction".
A dismissal under the conditional discharge statute, Section 30-31-28 NMSA 1978, is not a "conviction" as contemplated by this section, or for any other purpose.
State v. Fairbanks
, 2004-NMCA-005, 134 N.M. 783, 82 P.3d 954.
Crime lab fee cannot be imposed under conditional discharge.
Although the crime lab fee would be authorized if the defendant had entered his guilty plea and received a deferred or suspended probated sentence or if he violated the terms of his probation under the conditional discharge, because he successfully completed his probation and charges were dismissed, the district court did not have authority to impose the fee.
State v. Fairbanks
, 2004-NMCA-005, 134 N.M. 783, 82 P.3d 954.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-9 - Crime laboratory fund created; appropriation.

There is created in the state treasury the "crime laboratory fund". All fees collected pursuant to the provisions of Sections 31-12-7 and 31-12-8 NMSA 1978 shall be transmitted monthly to the administrative office of the courts for credit to the crime laboratory fund. All balances in the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 are appropriated to the administrative office of the courts for payment upon invoice to the scientific laboratory division of the health and environment department [department of health], the New Mexico state police crime laboratory division and the Albuquerque police crime laboratory for costs related to chemical and other tests and analyses described in those sections and incurred by these laboratories and local law enforcement agencies. Payments out of the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 shall be made on vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the department of finance and administration. All balances in the crime laboratory fund of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978 are appropriated to the traffic safety bureau of the transportation program division of the state highway and transportation department to provide funds to approved comprehensive community programs for the prevention of driving while under the influence of alcohol or drugs and for other traffic safety purposes. Payment out of the crime laboratory fund of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978 shall be made on vouchers issued and signed by the chief of the traffic safety bureau upon warrants drawn by the department of finance and administration.
History:
Laws 1981, ch. 367, § 3; 1989, ch. 324, § 22; 1991, ch. 245, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed reference to the department of health was inserted by the compiler, as Laws 1991, ch. 25, § 16 repeals former 9-7-4 NMSA 1978, relating to the health and environment department, and enacted a new 9-7-4 NMSA 1978, creating the department of health. The bracketed material is not part of the law.
The 1991 amendment,
effective October 1, 1991, inserted "monthly" in the second sentence; inserted "of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978" in the third and fourth sentences; and added the final two sentences.
The 1989 amendment,
effective April 7, 1989, substituted "Sections 31-12-7 and 31-12-8 NMSA 1978" for "Sections 1 and 2 of this act" in the second sentence, and "described in those sections" for "described in Sections 1 and 2 of this act" in the third sentence, and deleted the former last sentence which read "Any interest earned on the fund shall be credited to it".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-9 - Crime laboratory fund created; appropriation. (Effective July 1, 2024.)

There is created in the state treasury the "crime laboratory fund". The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. All balances in the crime laboratory fund are appropriated to the traffic safety bureau of the department of transportation to provide funds to approved comprehensive community programs for the prevention of driving while under the influence of alcohol or drugs and for other traffic safety purposes. Payment out of the crime laboratory fund shall be made on vouchers issued and signed by the chief of the traffic safety bureau upon warrants drawn by the department of finance and administration.
History:
Laws 1981, ch. 367, § 3; 1989, ch. 324, § 22; 1991, ch. 245, § 2; 2023, ch. 184, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, changed the source of funds that are credited to the crime laboratory fund; deleted "All fees collected pursuant to the provisions of Sections 31-12-7 and 31-12-8 NMSA 1978 shall be transmitted monthly to the administrative office of the courts for credit to the crime laboratory fund. All balances in the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 are appropriated to the administrative office of the courts for payment upon invoice to the scientific laboratory division of the health and environment department, the New Mexico state police crime laboratory division and the Albuquerque police crime laboratory for costs related to chemical and other tests and analyses described in those sections and incurred by these laboratories and local law enforcement agencies. Payments out of the crime laboratory fund of fees collected pursuant to the provisions of Subsection A of Section 31-12-7 NMSA 1978 shall be made on vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the department of finance and administrations" and added "The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act."; after "All balances in the crime laboratory fund", deleted "of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978"; after "traffic safety bureau of the", deleted "transportation program division of the state highway and transportation"; after "department", added "of transportation"; and after "Payment out of the crime laboratory fund", deleted "of fees collected pursuant to the provisions of Subsection B of Section 31-12-7 NMSA 1978".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-10 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 104, § 3 repealed 31-12-10 NMSA 1978, as amended by Laws, 1990, ch. 104, § 1, relating to DWI fund, effective July 1, 1991. For provisions of former section,
see
the 1989 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-11 - Court fees; deposit in the domestic violence offender treatment or intervention fund. (Repealed effective July 1, 2024.)

A. In addition to any other fees collected in the district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a penalty assessment misdemeanor, traffic violation, petty misdemeanor, misdemeanor or felony offense a "domestic violence offender treatment fee" of five dollars ($5.00).
B. Domestic violence offender treatment fees shall be deposited in the domestic violence offender treatment or intervention fund.
History:
Laws 2003, ch. 387, § 1; 2008, ch. 7, § 1.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 184, § 19 repealed 31-12-11 NMSA 1978, effective July 1, 2024.
The 2008 amendment,
effective July 1, 2008, changed the name of the domestic violence offender treatment fund to the domestic violence offender treatment or intervention fund.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-13 - Crime victims reparation fee. (Repealed effective July 1, 2024.)

A. In addition to any other fees or penalties collected in a district court, metropolitan court and magistrate court, those courts shall assess and collect from a person convicted of a misdemeanor or felony offense a mandatory crime victims reparation fee. The fee shall be levied at the time of sentencing in addition to any sentence required or permitted by law, in accordance with the following schedule:
(1) a person convicted of a felony shall pay a crime victims reparation fee of seventy-five dollars ($75.00); and
(2) a person convicted of a misdemeanor shall pay a crime victims reparation fee of fifty dollars ($50.00).
B. Crime victim reparation fees shall be deposited in the crime victims reparation fund.
History:
Laws 2015, ch. 10, § 3.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 184, § 19 repealed 31-12-13 NMSA 1978, effective July 1, 2024.
Effective dates.
— Laws 2015, ch. 10, § 4 made Laws 2015, ch. 10, § 3 effective July 1, 2015.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 12 - Fines, Fees and Costs › Section 31-12-14 - Relief of court debt for fees or costs. (Effective July 1, 2024.)

The court, by its own motion or by defendant petition, may waive fees or costs assessed prior to July 1, 2024.
History:
Laws 2023, ch. 184, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 184, § 20 made Laws 2023, ch. 184, § 4 effective July 1, 2024.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-1 - Repealed.

History:
1978 Comp., § 31-14-12, enacted by Laws 1979, ch. 150, § 9; 1978 Comp., § 31-14-12, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-1 NMSA 1978, as enacted by Laws 1929, ch. 69, § 1, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-2 - Repealed.

History:
Laws 1929, ch. 69, § 2; C.S. 1929, § 35-322; 1941 Comp., § 42-1402; 1953 Comp., § 41-14-2; 1978 Comp., § 31-14-2, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-2 NMSA 1978, as enacted by Laws 1929, ch. 69, § 2, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-3 - Repealed.

History:
Laws 1929, ch. 69, § 3; C.S. 1929, § 35-323; 1941 Comp., § 42-1403; 1953 Comp., § 41-14-3; 1978 Comp., § 31-14-3, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-3 NMSA 1978, as enacted by Laws 1929, ch. 69, § 3, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-4 - Repealed.

History:
Laws 1929, ch. 69, § 4; C.S. 1929, § 35-324; 1941 Comp., § 42-1404; 1953 Comp., § 41-14-4; 1978 Comp., § 31-14-4, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-4 NMSA 1978, as enacted by Laws 1929, ch. 69, § 4, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-5 - Repealed.

History:
Laws 1929, ch. 69, § 5; C.S. 1929, § 35-325; 1941 Comp., § 42-1405; 1953 Comp., § 41-14-5; 1978 Comp., § 31-14-5, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-5 NMSA 1978, as enacted by Laws 1929, ch. 69, § 5, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-6 - Repealed.

History:
Laws 1929, ch. 69, § 6; C.S. 1929, § 35-326; 1941 Comp., § 42-1406; 1953 Comp., § 41-14-6; 2005, ch. 313, § 8; 1978 Comp., § 31-14-6, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-6 NMSA 1978, as enacted by Laws 1929, ch. 69, § 6, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-7 - Repealed.

History:
Laws 1929, ch. 69, § 7; C.S. 1929, § 35-327; 1941 Comp., § 42-1407; 1953 Comp., § 41-14-7; 2005, ch. 313, § 9; 1978 Comp., § 31-14-7, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-7 NMSA 1978, as enacted by Laws 1929, ch. 69, § 7, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-8 - Repealed.

History:
Laws 1929, ch. 69, § 8; C.S. 1929, § 35-328; 1941 Comp., § 42-1408; 1953 Comp., § 41-14-8; 1978 Comp., § 31-14-8, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-8 NMSA 1978, as enacted by Laws 1929, ch. 69, § 8, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-9 - Repealed.

History:
Laws 1929, ch. 69, § 9; C.S. 1929, § 35-329; 1941 Comp., § 42-1409; 1953 Comp., § 41-14-9; 1978 Comp., § 31-14-9, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-9 NMSA 1978, as enacted by Laws 1929, ch. 69, § 9, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-10 - Repealed.

History:
Laws 1929, ch. 69, § 10; C.S. 1929, § 35-330; 1941 Comp., § 42-1410; 1953 Comp., § 41-14-10; 1978 Comp., § 31-14-10, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-10 NMSA 1978, as enacted by Laws 1929, ch. 69, § 10, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-11 - Repealed.

History:
1953 Comp., § 41-14-11.1, enacted by Laws 1955, ch. 127, § 1; 1979, ch. 150, § 8; 1978 Comp., § 31-14-11, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-11 NMSA 1978, as enacted by Laws 1955, ch. 127, § 1, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-12 - Repealed.

History:
1978 Comp., § 31-14-12, enacted by Laws 1979, ch. 150, § 9; 1978 Comp., § 31-14-12, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-12 NMSA 1978, as enacted by Laws 1979, ch. 150, § 9, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-13 - Repealed.

History:
1953 Comp., § 41-14-11.3, enacted by Laws 1955, ch. 127, § 3; 1978 Comp., § 31-14-13, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-13 NMSA 1978, as enacted by Laws 1955, ch. 127, § 3, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-14 - Repealed.

History:
1953 Comp., § 41-14-11.4, enacted by Laws 1955, ch. 127, § 4; 1979, ch. 150, § 10; 1978 Comp., § 31-14-14, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-14 NMSA 1978, as enacted by Laws 1955, ch. 127, § 4, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-15 - Repealed.

History:
Laws 1929, ch. 69, § 12; C.S. 1929, § 35-332; 1941 Comp., § 42-1412; 1953 Comp., § 41-14-12; 1978 Comp., § 31-14-15, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-15 NMSA 1978, as enacted by Laws 1929, ch. 69, § 12, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 14 - Execution of Death Sentence (Repealed.) › Section 31-14-16 - Repealed.

History:
Laws 1929, ch. 69, § 13; C.S. 1929, § 35-333; 1941 Comp., § 42-1413; 1953 Comp., § 41-14-13; 1978 Comp., § 31-14-16, repealed by Laws 2009, ch. 11, § 5.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 11, § 5 repealed 31-14-16 NMSA 1978, as enacted by Laws 1929, ch. 69, § 13, relating to the execution of death sentences, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-1 - Short title.

Chapter 31, Article 15 NMSA 1978 may be cited as the "Public Defender Act".
History:
1953 Comp., § 41-22A-1, enacted by Laws 1973, ch. 156, § 1; 2013, ch. 195, § 2.
ANNOTATIONS
Cross references.
— For Indigent Defense Act,
see
31-16-1 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, added the NMSA chapter and article for the Public Defender Act; and at the beginning of the sentence, changed "This act" to "Chapter 31, Article 15 NMSA 1978".
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.
Immunity extends to attorneys under contract to public defender.
— The Public Defender Act (this article) 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.
Legal representation of juveniles.
— The public defender department has the responsibility of providing legal representation for indigent juveniles. 1973 Op. Att'y Gen. No. 73-58.
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. —
Construction and effect of statutes providing for office of public defender, 36 A.L.R.3d 1403.
Public defender's immunity from liability for malpractice, 6 A.L.R.4th 774.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-2 - Definitions.

As used in the Public Defender Act:
A. "chief" means the chief public defender;
B. "commission" means the public defender commission;
C. "court" means the district, metropolitan and magistrate courts of this state;
D. "department" means the public defender department;
E. "district" means a public defender district; and
F. "judge" means a judge of the district or metropolitan court or a magistrate.
History:
1953 Comp., § 41-22A-3, enacted by Laws 1973, ch. 156, § 2; 1985, ch. 32, § 1; 2013, ch. 195, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, defined "chief" and "commission" to provide for the independent public defender department; added Subsections A and B; in Subsection C, after "district", deleted "courts" and added "metropolitan"; and deleted former Subsection E, which defined "chief" as the chief public defender.
The 1985 amendment
deleted former Subsection A, defining "board," and redesignated former Subsections B, C, D, E, and F as present Subsections A, B, C, D, and E, respectively.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-2.1 - Public defender commission; membership; terms; removal.

A. The public defender commission, created pursuant to Article 6, Section 39 of the constitution of New Mexico, consists of eleven members. Members shall be appointed as follows:
(1) the governor shall appoint one member;
(2) the chief justice of the supreme court shall appoint three members;
(3) the dean of the university of New Mexico school of law shall appoint three members;
(4) the speaker of the house of representatives shall appoint one member;
(5) the majority floor leaders of each chamber shall each appoint one member; and
(6) the president pro tempore of the senate shall appoint one member.
B. The appointments made by the chief justice of the supreme court and the dean of the university of New Mexico school of law shall follow the appointments made by the other appointing authorities and shall be made in such a manner so that each of the two largest major political parties, as defined in the Election Code, shall be equally divided on the commission.
C. Initial appointments to the commission shall be made by July 1, 2013. If a position remains vacant on July 1, 2013, the supreme court shall fill the vacancy. Initial terms of members appointed by the dean of the university of New Mexico school of law, the speaker of the house of representatives and the majority floor leader of the senate shall be for three years; and initial terms of members appointed by the governor and the chief justice of the supreme court shall be for two years.
D. Subsequent terms shall be for four years. A commission member shall not serve more than two consecutive terms. A commission member shall serve until the member's successor has been appointed and qualified. A vacancy on the commission shall be filled by the appointing authority for the remainder of the unexpired term.
E. A member may be removed by the commission for malfeasance, misfeasance or neglect of duty. If a member's professional status changes to render the member ineligible pursuant to the Public Defender Act, the member shall resign immediately.
F. Members of the commission are entitled to compensation pursuant to the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other perquisite, compensation or allowance.
G. The commission is administratively attached to the department, and staff for the commission shall be provided by the department.
History:
Laws 2013, ch. 195, § 4.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 195 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-2.2 - Public defender commission; member qualifications.

A. A person appointed to the commission shall have:
(1) significant experience in the legal defense of criminal or juvenile justice cases; or
(2) demonstrated a commitment to quality indigent defense representation or to working with and advocating for the population served by the department.
B. The following persons shall not be appointed to and shall not serve on the commission:
(1) current prosecutors, law enforcement officials or employees of prosecutors or law enforcement officials;
(2) current public defenders or other employees of the department;
(3) current judges, judicial officials or employees of judges or judicial officials;
(4) current elected officials or employees of elected officials; or
(5) persons who currently contract with or receive funding from the department or employees of such persons.
History:
Laws 2013, ch. 195, § 5.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 195 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-2.3 - Public defender commission; organization; meetings.

A. The commission shall hold its first meeting by September 1, 2013 and shall organize and elect a chair at that meeting. Three subsequent meetings shall be held in 2013. Thereafter, the commission shall meet at least four times a year, as determined by a majority of commission members. Meetings shall be held at the call of the chair or the chief or at the request of four commission members.
B. The commission shall appoint the chief by October 15, 2013.
C. A majority of commission members constitutes a quorum for the transaction of business, and an action by the commission is not valid unless six or more members concur.
D. The commission may adopt rules and shall keep a record of its proceedings.
E. A commission member may select a designee to serve in the member's stead only once per year.
History:
Laws 2013, ch. 195, § 6.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 195 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-2.4 - Public defender commission; powers and duties; restriction on individual member.

A. The commission shall exercise independent oversight of the department, set representation standards for the department and provide guidance and support to the chief in the administration of the department and the representation of indigent persons pursuant to the Public Defender Act.
B. The commission shall develop fair and consistent standards for the operation of the department and the provision of services pursuant to the Public Defender Act, including standards relating to:
(1) the minimum experience, training and qualifications for appointed, contract and staff attorneys in both adult and juvenile cases in coordination with the state personnel office;
(2) monitoring and evaluating appointed, contract and staff attorneys;
(3) ethically responsible caseload and workload levels and workload monitoring protocols for staff attorneys, contract attorneys and district defender offices;
(4) the competent and efficient representation of clients whose cases present conflicts of interest;
(5) qualifications and performance of appointed, contract and staff attorneys in capital cases at the trial, appellate and post-conviction levels; and
(6) personnel policies and procedures, including the development of public defender personnel rules, to establish an independent system of personnel administration 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 than under the Personnel Act [Chapter 10, Article 9 NMSA 1978] and under administrative rules applicable to state employees on the effective date of this 2014 act.
C. An individual member of the commission shall not interfere with the discretion, professional judgment or advocacy of a public defender, a public defender office, a public defender contractor or an assigned counsel in the representation of a public defender client.
History:
Laws 2013, ch. 195, § 7; 2014, ch. 78, § 2.
ANNOTATIONS
Compiler's notes.
— The effective date "of this 2014 act", referred to in Subsection B (6), was May 21, 2014.
The 2014 amendment,
effective May 21, 2014, mandated the minimum standard for a system of personnel administration for employees of the public defender department; and in Subsection B, added Paragraph (6).
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 32, § 4 repealed 31-15-3 NMSA 1978, as enacted by Laws 1973, ch. 156, § 3, relating to the public defender board, effective June 14, 1985.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-5 - Public defender department; administration; finance.

A. The headquarters of the department shall be maintained at Santa Fe.
B. All salaries and other expenses of the department shall be paid by warrants of the secretary of finance and administration, supported by vouchers signed by the chief or the chief's authorized representative and in accordance with budgets approved by the state budget division of the department of finance and administration.
History:
1953 Comp., § 41-22A-5, enacted by Laws 1978, ch. 14, § 1; 2013, ch. 195, § 9.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 14, § 1, repealed 41-22A-5, 1953 Comp. (former 31-15-5 NMSA 1978), relating to the creation, administration and finance of the public defender department, and enacted the above section.
Cross references.
— For administrative attachment to the criminal justice department,
see
9-3-11 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, provided for the administration of the public defender department as an independent state agency; in the title, after "department", deleted "creation"; and in Subsection A, deleted the former first sentence, which created the public defender department; deleted the former third sentence, which provided that the chief was the administrative head of the department; and deleted the former fourth sentence, which provided that the department was administratively attached to the criminal justice department.
Temporary provisions.
— Laws 2013, ch. 195, § 13, provided that existing contracts, agreements and other obligations in effect for the public defender department shall be binding on the public defender department on and after the effective date of Laws 2013, ch. 195, June 14, 2013.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-5.1 - Public defender automation fund created; administration; distribution.

A. The "public defender automation fund" is created in the state treasury. The fund shall be administered by the department. The department shall report on the status of the fund to the legislative finance committee during each legislative interim.
B. All balances in the public defender automation fund are appropriated to the department for the purchase and maintenance of automation systems for the department.
C. Payments from the public defender automation fund shall be made pursuant to vouchers issued and signed by the chief upon warrants drawn by the secretary of finance and administration. Any purchase or lease-purchase agreement entered into pursuant to this section shall be entered into in accordance with the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
History:
Laws 1993, ch. 79, § 2; 2013, ch. 195, § 10.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, changed terminology; changed "public defender department" to "department".
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-6 - Public defender department; powers.

The department may receive on behalf of the state any gifts, grants-in-aid, donations or bequests from any source to be used in carrying out the purposes of the Public Defender Act.
History:
1953 Comp., § 41-22A-6, enacted by Laws 1973, ch. 156, § 6.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 15 - Public Defenders › Section 31-15-8 - Duty of chief public defender to establish appellate division; duty of appellate division.

A. The chief shall establish within the department an appellate division. The appellate division shall be headed by the appellate defender.
B. The appellate division shall assist the chief and district public defenders by providing representation before the court of appeals and the supreme court in appellate, review and postconviction proceedings involving persons represented under the Public Defender Act.
C. The appellate division shall assist private counsel not employed under the Public Defender Act in any appellate, review or postconviction remedy proceeding by providing representation for persons entitled to representation under the Indigent Defense Act [31-16-1 to 31-16-10 NMSA 1978].
History:
1953 Comp., § 41-22A-8, enacted by Laws 1973, ch. 156, § 8; 2014, ch. 78, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 1973, ch. 156, § 13, provided for the chief public defender to establish an appellate division during the sixty-second fiscal year, to handle all appellate proceedings under the act.
The 2014 amendment,
effective May 21, 2014, required that the appellate division be headed by the appellate defender; and in Subsection A, added the second sentence.
2023 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.
ANNOTATIONS
Temporary 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
Cross 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.