0001| AN ACT
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0002| RELATING TO PUBLIC DEFENDERS; ESTABLISHING A MINIMUM FUNDING
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0003| LEVEL FOR THE PUBLIC DEFENDER DEPARTMENT; INCREASING THE LEVEL OF
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0004| REIMBURSEMENT TO COUNSEL FOR SERVICES PROVIDED TO INDIGENT CLIENTS;
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0005| AMENDING SECTIONS OF THE NMSA 1978.
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0006|
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0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0008| Section 1. Section 31-15-5 NMSA 1978 (being Laws 1978, Chapter 14, Section 1) is
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0009| amended to read:
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0010| "31-15-5. PUBLIC DEFENDER DEPARTMENT--CREATION--ADMINISTRATION--FINANCE--MINIMUM FUNDING LEVEL.--
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0011| A. There is created the "public defender department". The headquarters of the
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0012| department shall be maintained at Santa Fe. The chief shall be the administrative head of the
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0013| department. The department is administratively attached to the corrections department.
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0014| B. All salaries and other expenses of the department shall be paid by warrants of
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0015| the secretary of finance and administration, supported by vouchers signed by the chief or his
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0016| authorized representative and in accordance with budgets approved by the state budget division
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0017| of the department of finance and administration.
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0018| C. Beginning with fiscal year 1998, the general fund appropriation to the public
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0019| defender department shall be not less than seventy-five percent of the sum of general fund
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0020| appropriations to:
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0021| (1) all district attorneys' offices in the state; and
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0022| (2) the criminal appeals division of the office of the attorney general."
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0023| Section 2. Section 31-15-9 NMSA 1978 (being Laws 1973, Chapter 156, Section 9) is
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0024| amended to read:
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0025| "31-15-9. DUTY OF CHIEF PUBLIC DEFENDER TO ESTABLISH DISTRICT
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0001| PUBLIC DEFENDER OFFICE--APPOINTMENT OF DISTRICT PUBLIC DEFENDER.--
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0002| A. The chief shall designate one or more public defender districts having
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0003| boundaries coextensive with the boundaries of one or more judicial districts of this state. The
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0004| chief shall consider the demand for legal services provided under the Public Defender Act, crim-
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0005| inal case load statistics, population, geographical characteristics and any other relevant factor in
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0006| the designation of public defender districts.
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0007| B. The chief may review the designation of districts at any time. The review
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0008| shall be based on the same factors enumerated in Subsection A of this section. On the basis of
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0009| the review, the chief may change the designation of any district so long as the new designation
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0010| has boundaries coextensive with the boundaries of one or more judicial districts of this state.
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0011| C. The chief shall appoint a district public defender in each district. The district
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0012| public defender shall administer the operation of the district and shall serve at the pleasure of the
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0013| chief. Each district public defender shall be an attorney licensed to practice law in the highest
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0014| courts of this state and a resident of this state.
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0015| D. Beginning with fiscal year 1998, the level of general fund money distributed
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0016| to public defender districts shall be not less than seventy-five percent of the level of general fund
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0017| money appropriated to district attorneys' offices located in judicial districts served by the public
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0018| defender districts."
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0019| Section 3. Section 31-16-8 NMSA 1978 (being Laws 1968,
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0020| Chapter 69, Section 65) is amended to read:
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0021| "31-16-8. PAYMENT OF COSTS, EXPENSES AND ATTORNEY FEES.--
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0022| A. Payment of costs, expenses and attorney fees under the Indigent Defense Act
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0023| shall be made from:
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0024| (1) funds appropriated to the supreme court with respect to habeas corpus
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0025| matters initiated in that court; and
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0001| (2) funds appropriated to the district court with respect to all stages of
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0002| proceedings initiated in the district court.
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0003| B. The court assigning counsel under the Indigent Defense Act shall pay costs,
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0004| including the costs of transcripts where appropriate, shall reimburse counsel for direct expenses
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0005| the court determines to have been properly incurred by him and shall pay to counsel fees:
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0006| (1) for services in magistrate, metropolitan and district courts where the
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0007| proceedings are terminated prior to trial in the district court, a sum fixed by the court at not less
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0008| than one dollar ($1.00) or more than eight hundred dollars ($800);
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0009| (2) for services in magistrate, metropolitan and district courts that include
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0010| trial in the district court and, where appropriate, filing notice of appeal, a sum fixed by the court
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0011| at not less than one dollar ($1.00) or more than two thousand five hundred dollars ($2,500);
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0012| (3) for services in postconviction remedy proceedings in the district court,
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0013| a sum fixed by the court at not less than one dollar ($1.00) or more than five hundred dollars
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0014| ($500);
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0015| (4) for services in prosecuting any appeal or review in the court of appeals or
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0016| the supreme court, a sum fixed by the court at not less than one dollar ($1.00) or more than one
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0017| thousand two hundred dollars ($1,200);
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0018| (5) for services in habeas corpus proceedings in the supreme court, a sum
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0019| fixed by the court at not less than one dollar ($1.00) or more than six hundred dollars ($600);
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0020| and
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0021| (6) for services in any case involving a capital offense, a sum fixed by the
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0022| court."
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0023| Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is
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0024| July 1, 1996.
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