Form 9-704. Order of appointment for habeas corpus proceedings under Rule 5-802 NMRA.

[For use with District Court Criminal Rule 5-802 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ __________________ JUDICIAL DISTRICT COURT _______________________________, No. __________ Petitioner, v. _______________________________, Respondent. ORDER OF APPOINTMENT FOR HABEAS CORPUS PROCEEDINGS UNDER RULE 5-802 NMRA This matter having come before the court, and the court being fully advised of the circumstances; THE COURT FINDS THAT: [ ] the petitioner is incarcerated; or [ ] the petitioner is not incarcerated, and is indigent and unable to obtain counsel; and [ ] This is a proceeding which a reasonable person would bring at that person’s own expense.1 IT IS THEREFORE ORDERED THAT: [ ] the Public Defender Department is hereby appointed to represent the Petitioner in the above-entitled cause without payment of the application fee. [ ] the Public Defender Department, shall appoint an attorney on contract with the department represent the petitioner based on the conflict memorandum reviewed by the court or as disclosed at a status conference with the court. [ ] petitioner’s counsel shall file an amended petition or a notice of non-intent to file an amended petition within ninety (90) days of the date of the filing of this order. ________________________________ (District Judge)