N.M. R. Child. Ct. 10-223

As amended through August 23, 2024

Rule 10-223 - Appointment of counsel; payment of fees

A.Appointment. Within five (5) days from the date the petition is filed, or at the commencement of the detention hearing, whichever occurs first, unless counsel has entered an appearance on behalf of the respondent child, the court shall appoint the public defender to represent the respondent child.

B.Notice to parents. Any order of appointment shall be served on the parents, guardian or custodian by the court together with a written notice that if they can afford an attorney to represent the respondent child, they will be ordered to reimburse the state for public defender representation. The notice shall be accompanied by a copy of the eligibility determination for indigent defense services form approved by the Supreme Court and shall advise the parents, guardian or custodian that if they do not complete the eligibility determination form and return it to the public defender within the prescribed time, they may be charged for all legal representation of the respondent child. The notice shall also advise the parents, guardian or custodian of the duty of the public defender to assist the parents, guardian or custodian in any indigency determination proceeding.

C.Hearing on indigency. Within five (5) days after receipt of the order and notice from the court pursuant to Paragraph B of this rule, the parents, guardian or custodian shall complete and return to the public defender the eligibility determination form or shall make satisfactory arrangements for payment for legal services performed for the respondent child. Upon motion the children's court shall review the determination by the public defender that the parent, guardian or custodian is not indigent as provided by the guidelines for eligibility determination for indigent defense services approved by the Supreme Court.

N.M. R. Child. Ct. 10-223

As amended, effective 11/1/1995; Rule 10-205 NMRA, recompiled and amended as Rule 10-223 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

Committee commentary. - Court-appointed counsel are referred to Children's Court Forms 10-407 (Notice of Requirement to Pay Attorney Fees for Legal Representation of the Above-Named Child) and 10-408 NMRA (Eligibility determination for indigent defense services).

[As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraphs A, B and C, changed "child" to "respondent child"; in Paragraph A, changed "conclusion" to "commencement", changed "advise the public defender that the child is not represented by counsel and the public defender shall provide a defense for" to "appoint the public defender to represent"; in Paragraph B, changed "If the public defender is asked to represent the child, the public defender shall serve" to "Any order of appointment shall be served", and changed "guardian or custodian a written notice on a form approved by the Supreme Court" to "guardian or custodian by the court together with a written notice"; and in Paragraph C, changed "ten (10) days after receipt of notice from the public defender" to "five (5) days after receipt of the order and notice from the court", and changed the "by the procedures set forth in Children's Court Rule 10-408" to "by the guidelines for eligibility determination for indigent defense service approved by the Supreme Court". The 1995 amendment, effective November 1, 1995, substituted "child" for "respondent" near the beginning of Paragraph A; in Paragraph B, substituted "a copy of the eligibility determination for indigent defense services form" for "an affidavit of indigency" and "eligibility determination form" for "affidavit"; in Paragraph C, substituted "ten (10) days" for "thirty (30) days", "eligibility determination form" for "affidavit of indigency", and substituted the last sentence for "The public defender shall assist any parent, guardian or custodian in any hearing before the court to determine the indigency of the parents, guardian or custodian"; and deleted former Paragraph D relating to court orders. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-205 NMRA was recompiled as Rule 10-223 NMRA, effective January 15, 2009.