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