Rule 10-223 NMRA

Rule 10-223. Appointment of counsel; payment of fees.

Last amended: 2009Year: 2009Length: 285 wordsOfficial source
A. Appointment. Within five (5) days from the date the petition is filed, or at the commencement of the detention hearing, whichever occurs first, unless counsel has entered an appearance on behalf of the respondent child, the court shall appoint the public defender to represent the respondent child. B. Notice to parents. Any order of appointment shall be served on the parents, guardian or custodian by the court together with a written notice that if they can afford an attorney to represent the respondent child, they will be ordered to reimburse the state for public defender representation. The notice shall be accompanied by a copy of the eligibility determination for indigent defense services form approved by the Supreme Court and shall advise the parents, guardian or custodian that if they do not complete the eligibility determination form and return it to the public defender within the prescribed time, they may be charged for all legal representation of the respondent child. The notice shall also advise the parents, guardian or custodian of the duty of the public defender to assist the parents, guardian or custodian in any indigency determination proceeding. C. Hearing on indigency. Within five (5) days after receipt of the order and notice from the court pursuant to Paragraph B of this rule, the parents, guardian or custodian shall complete and return to the public defender the eligibility determination form or shall make satisfactory arrangements for payment for legal services performed for the respondent child. Upon motion the children's court shall review the determination by the public defender that the parent, guardian or custodian is not indigent as provided by the guidelines for eligibility determination for indigent defense services approved by the Supreme Court.
Rule 10-223 NMRA: Rule 10-223. Appointment of counsel; payment of fees. | Justis AI