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