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Code · New Mexico · Chapter 31 — Criminal Procedure · Article 15 — Public Defenders

31-15-10. Duties of district public defender.

244 words·~1 min read·/nm/chapter-31-criminal-procedure/article-15-public-defenders/31-15-10·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Under the supervision and control of the chief, each district public defender shall administer the operation of the department office within his district.
B. The district public defender or the chief may authorize the representation of a person who is without counsel and who is financially unable to obtain counsel when that person is under investigation for allegedly committing murder or any other felony criminal offense.
C. The district public defender shall represent every person without counsel who is financially unable to obtain counsel and who is charged in any court within the district with any crime that carries a possible sentence of imprisonment. The representation shall begin not later than the time of the initial appearance of the person before any court and shall continue throughout all stages of the proceedings against him, including any appeal, as directed by the chief.
D. The district public defender shall represent any person within the district who is without counsel and who is financially unable to obtain counsel in any state postconviction proceeding.
E. The district public defender shall notify the chief if, for any reason, he is unable to represent a person entitled to his representation, and the chief shall make provision for representation.
F. The district public defender may confer with any person who is not represented by counsel and who is being forcibly detained.
History: 1953 Comp., § 41-22A-10, enacted by Laws 1973, ch. 156, § 10; 2001, ch. 34, § 2.
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