0001| HOUSE BILL 715
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| R. DAVID PEDERSON
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0006|
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0007|
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0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO PUBLIC DEFENDERS; ESTABLISHING A MINIMUM FUNDING
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0012| LEVEL FOR THE PUBLIC DEFENDER DEPARTMENT; INCREASING THE AMOUNT
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0013| OF REIMBURSEMENT TO COUNSEL FOR SERVICES PROVIDED TO INDIGENT
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0014| CLIENTS; AMENDING SECTIONS OF THE NMSA 1978; MAKING AN
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0015| APPROPRIATION.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 31-15-5 NMSA 1978 (being Laws 1978,
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0019| Chapter 14, Section 1) is amended to read:
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0020| "31-15-5. PUBLIC DEFENDER DEPARTMENT--CREATION--
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0021| ADMINISTRATION--FINANCE--MINIMUM FUNDING LEVEL.--
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0022| A. There is created the "public defender
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0023| department". The headquarters of the department shall be
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0024| maintained at Santa Fe. The chief shall be the administrative
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0025| head of the department. The department is administratively
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0001| attached to the [criminal justice] corrections department.
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0002| B. All salaries and other expenses of the
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0003| department shall be paid by warrants of the secretary of
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0004| finance and administration, supported by vouchers signed by the
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0005| chief or his authorized representative and in accordance with
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0006| budgets approved by the state budget division of the
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0007| department of finance and administration.
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0008| C. Beginning with fiscal year 1998, the general
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0009| fund appropriation to the public defender department shall be
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0010| not less than seventy-five percent of the sum of general fund
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0011| appropriations to:
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0012| (1) all district attorney offices in the
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0013| state; and
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0014| (2) the criminal appeals division of the
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0015| office of the attorney general."
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0016| Section 2. Section 31-15-9 NMSA 1978 (being Laws 1973,
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0017| Chapter 156, Section 9) is amended to read:
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0018| "31-15-9. DUTY OF CHIEF PUBLIC DEFENDER TO ESTABLISH
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0019| DISTRICT PUBLIC DEFENDER OFFICE--APPOINTMENT OF DISTRICT PUBLIC
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0020| DEFENDER--MINIMUM FUNDING LEVEL.--
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0021| A. The chief shall designate one or more public
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0022| defender districts having boundaries coextensive with the
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0023| boundaries of one or more judicial districts of this state.
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0024| The chief shall consider the demand for legal services provided
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0025| under the Public Defender Act, criminal case load statistics,
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0001| population, geographical characteristics and any other relevant
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0002| factor in the designation of public defender districts.
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0003| B. The chief may review the designation of
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0004| districts at any time. The review shall be based on the same
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0005| factors enumerated in Subsection A of this section. On the
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0006| basis of the review, the chief may change the designation of
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0007| any district so long as the new designation has boundaries
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0008| coextensive with the boundaries of one or more judicial
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0009| districts of this state.
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0010| C. The chief shall appoint a district public
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0011| defender in each district. The district public defender shall
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0012| administer the operation of the district and shall serve at the
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0013| pleasure of the chief. Each district public defender shall be
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0014| an attorney licensed to practice law in the highest courts of
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0015| this state and a resident of this state.
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0016| D. Beginning with fiscal year 1998, the amount of
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0017| general fund money distributed to public defender districts
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0018| shall be not less than seventy-five percent of the amount of
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0019| general fund money appropriated to district attorney offices
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0020| located in judicial districts served by the public defender
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0021| districts."
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0022| Section 3. Section 31-16-8 NMSA 1978 (being Laws 1968,
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0023| Chapter 69, Section 65) is amended to read:
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0024| "31-16-8. PAYMENT OF COSTS, EXPENSES AND ATTORNEY FEES.--
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0025| A. [Payments] Payment of costs, expenses and
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0001| attorney fees under the Indigent Defense Act shall be made
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0002| from:
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0003| (1) funds appropriated to the supreme court
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0004| with respect to habeas corpus matters initiated in that court;
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0005| and
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0006| (2) funds appropriated to the district court
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0007| with respect to all stages of proceedings initiated in the
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0008| district court.
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0009| B. The court assigning counsel under the Indigent
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0010| Defense Act shall pay costs, including the costs of transcripts
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0011| where appropriate, shall reimburse counsel for direct expenses
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0012| the court determines to have been properly incurred by him and
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0013| shall pay to counsel fees:
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0014| (1) for services in magistrate, [courts]
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0015| metropolitan and district courts where the proceedings are
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0016| terminated prior to trial in the district court, a sum fixed by
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0017| the court at not less than one dollar ($1.00) [nor] or more
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0018| than [three hundred dollars ($300)] eight hundred dollars
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0019| ($800);
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0020| (2) for services in magistrate, [courts]
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0021| metropolitan and district courts which include trial in the
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0022| district court and, where appropriate, filing notice of appeal,
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0023| a sum fixed by the court at not less than one dollar ($1.00)
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0024| [nor] or more than [four hundred dollars ($400)] two
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0025| thousand five hundred dollars ($2,500);
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0001| (3) for services in postconviction remedy
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0002| proceedings in the district court, a sum fixed by the court at
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0003| not less than one dollar ($1.00) [nor] or more than [one
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hundred fifty dollars ($150)] five hundred dollars ($500);
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0005| (4) for services in prosecuting any appeal or
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0006| review in the court of appeals or the supreme court, a sum
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0007| fixed by the court at not less than one dollar ($1.00) [nor]
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0008| or more than [five hundred dollars ($500)] one thousand
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0009| two hundred dollars ($1,200);
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0010| (5) for services in habeas corpus proceedings
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0011| in the supreme court, a sum fixed by the court at not less than
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0012| one dollar ($1.00) [nor] or more than [one hundred fifty
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dollars ($150)] six hundred dollars ($600); and
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0014| (6) for services in any case involving a
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0015| capital offense, a sum fixed by the court."
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0016| Section 4. EFFECTIVE DATE.--The effective date of the
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0017| provisions of this act is July 1, 1997.
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