HOUSE JOINT RESOLUTION 26

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Antonio "Moe" Maestas

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 6 OF THE CONSTITUTION OF NEW MEXICO TO ADD A NEW SECTION THAT PROVIDES FOR THE ORGANIZATION, APPOINTMENT PROCEDURES AND STANDARDS FOR AN INDEPENDENT PUBLIC DEFENDER DEPARTMENT.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. It is proposed to amend Article 6 of the constitution of New Mexico by adding a new section to read:

          "A. A "public defender department" is established as an independent state agency. The chief public defender is the administrative head of the public defender department. The chief public defender shall be an attorney licensed to practice law in New Mexico, or shall be so licensed within one year of appointment. The chief public defender shall be appointed by the public defender commission for a six-year term. The chief public defender is eligible for reappointment by the public defender commission after review and reconsideration of the chief public defender's record. A vacancy in the office of the chief public defender shall be filled by appointment of the commission.

          B. The "public defender commission" is established. The public defender commission shall appoint the chief public defender. The public defender commission shall exercise independent oversight of the department and provide guidance to the chief public defender in the administration of the department and the representation of indigent persons. The commission shall not interfere with the discretion or the professional judgment or advocacy of a public defender office, a public defender contractor or assigned counsel in the representation of individual cases.

          C. The public defender commission shall consist of eleven members. Terms and qualifications of the members of the public defender commission shall be as provided by law. Members of the commission shall be appointed as follows:

                (1) two members appointed by the governor;

                (2) two members appointed by the chief justice of the supreme court;

                (3) three members appointed by the dean of the university of New Mexico school of law;

                (4) two members appointed by the president of the state bar of New Mexico;

                (5) one member appointed by the speaker of the house of representatives; and

                (6) one member appointed by the president pro tempore of the senate."

     SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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