Rule 12-303. Appointment of counsel.

A. Criminal cases and delinquency proceedings. (1) Appeal by the defendant or respondent. Unless trial counsel intends to continue the representation or appellate counsel has been retained, trial counsel for the defendant in a criminal case or the respondent in a children’s court delinquency proceeding shall, before filing of the notice of appeal, seek a district court order appointing the appellate division of the public defender department. If the district court orders the appointment, and the public defender appellate division is unable to represent the defendant or respondent on appeal or is unable to arrange for contract representation, the district court shall appoint appellate counsel. Before making an appointment, the district court, in its discretion, may hold a hearing to determine the eligibility for appointed counsel. (2) Appeal by the state. If the notice of appeal has been filed by the state, trial counsel for the defendant in a criminal case or the respondent in a delinquency proceeding shall be responsible for representing the defendant or respondent on appeal unless, within five (5) days after service of the notice of appeal, the district court orders the appointment of the appellate division of the public defender department. (3) Filing and mailing of order. If the district court appoints the appellate division of the public defender department or other counsel to represent on appeal a defendant in a criminal case or a respondent in a delinquency proceeding, the district court shall file the order appointing counsel and promptly submit a copy to the appellate court, appellate division of the office of the attorney general, and appellate division of the public defender department. (4) Review by appellate court. Within ten (10) days after entry of a district court order denying the appointment of counsel, the defendant in a criminal case or the respondent in a delinquency proceeding may file in the appellate court a motion to review the district court order. The motion shall describe any relevant testimony presented to the district court and shall be accompanied by a copy of the motion filed in the district court, along with a copy of any relevant documentary evidence presented to the district court, and a copy of the order denying the motion. Review under this paragraph shall proceed in accordance with the procedure set forth in Rule 12-204(B)- (C) NMRA except that the public defender shall also be entitled to file a response. B. Abuse and neglect proceedings. Unless trial counsel intends to continue the representation or appellate counsel has been retained to represent the respondent in an abuse and neglect proceeding, including a proceeding to terminate parental rights, trial counsel shall be responsible for seeking an order from the Court of Appeals appointing appellate counsel.