N.M. R. Crim. P. Dist. Ct. 5-109

As amended through November 1, 2024

Rule 5-109 - Court-appointed attorneys

A.Fee schedule. In any criminal cases in which the court is required to appoint counsel to represent an indigent defendant, the court shall follow the fee schedule established by the public defender department for such cases, except that the court may award a greater fee in those cases where:

(1) the court finds that the complexity of the case warrants such an award; or

(2) exceptional circumstances otherwise exist.

B.Award of attorney fees. In setting the greater amount of attorney fees to be awarded under this rule, the court shall state in the record its reasons in support of the award of the attorney fees.

N.M. R. Crim. P. Dist. Ct. 5-109

ANNOTATIONS Reappointment of counsel. - When a defendant requests the court to reappoint counsel, the court should apply the following factors: (1) the defendant's prior history in the substitution of counsel and in the desire to change from self-representation to counsel-representation; (2) the reasons set forth for the request; (3) the length and stage of the proceedings; (4) disruption or delay which reasonably might be expected to ensue from the granting of the motion; and (5) the likelihood of the defendant's effectiveness in defending against the charges if required to continue to act as defendant's own attorney. State v. Archuleta, 2012-NMCA-007, 269 P.3d 924, cert. denied, 2011-NMCERT-012. Rule inapplicable where attorney acted under contract with public defender department. - This rule does not apply where the attorney was not appointed by the court but represented the defendant expressly by contract with the public defender department. State ex rel. Robins v. Hodges, 1986-NMSC-082, 105 N.M. 48, 728 P.2d 458.