New Mexico
This page provides a breakdown of all major developments and right to counsel
law that the NCCRC knows for this state, sorted by subject area. Click on
either tab below to see the aspect it describes.
| Color Key |
Explanation |
|
Categorical Right To Counsel
|
There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel). |
|
Discretionary Appointment Of Counsel
|
Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required. |
|
Right Or Appointment Is Qualified
|
The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case. |
|
No Such Proceeding
|
This state has no law creating a judicial proceeding of this type. |
|
No Authorization, But Relevant Materials
|
While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area. |
|
Other
|
Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible. |
Abuse/Neglect/Dependency - Accused Parents
New Mexico provides parents with counsel prior to the signing of a voluntary placement agreement
04/04/2023
A parent or guardian has the right to counsel before signing, and for the duration of, a voluntary placement agreement.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A court must appoint counsel for an indigent parent in an abuse/neglect proceeding, and can appoint even for non-indigent parents.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Abuse/Neglect/Dependency - Children
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
New Mexico provides child with counsel for matters related to voluntary placement agreements
04/04/2023
When a child's parent or guardian signs a voluntary placement agreement, the child is entitled to an attorney ad litem.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Children 14 years or older are entitled to an attorney in abuse/neglect proceedings.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Adult Protective Proceedings - Protected Person (incomplete)
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Indigent respondents in involuntary protective matters have the right to counsel in nonemergency and renewal of ex-parte emergency order cases.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
No such proceeding
There is no requirement that a minor obtain parental input prior to having an abortion.
Read more about this
Civil Contempt in Family Court
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
The NM Supreme Court has said due process requires a case-by-case approach to appointing counsel in child support civil contempt cases.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Civil Commitment
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is a right to counsel for adults and most children in involuntary commitment proceedings.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Forfeiture (incomplete)
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A public defender in a criminal case may represent the defendant in a related forfeiture proceeding.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Custody Disputes - Children
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A court may appoint an attorney-GAL for a child in a private custody dispute.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Guardianship/Conservatorship of Children - Child (incomplete)
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
The court may appoint counsel for a minor in a guardianship or conservatorship matter. The attorney likely serves in a best interest role.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
yes
Read more about this
Guardianship/Conservatorship of Children - Parent or Guardian (incomplete)
No such proceeding
A court may only appoint a guardian for a minor if the parent's rights have been terminated, suspended, or limited by prior court order.
Read more about this
Guardianship/Conservatorship of Adults - Protected Person
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is a right to an attorney for unrepresented adults in guardianship and conservatorship proceedings, but in an ad litem role.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Involuntary Medical Treatment (incomplete)
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is a right to counsel for adults and most children in involuntary treatment proceedings.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Paternity - Defendant/Respondent
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A court may appoint counsel for any indigent party in paternity cases.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Paternity - Petitioner or Child
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Discretionary appointment of counsel
A court may appoint counsel for any indigent party in a paternity proceeding.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
discretionary
no
Read more about this
Quarantine/Isolation
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
There is a right to counsel for persons subject to a court order of isolation or quarantine due to a threatening communicable disease.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Sexually Dangerous Persons - Commitment
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
Sterilization
No such proceeding
There appears to be no statute or caselaw addressing sterilization.
Termination of Parental Rights (Private) - Children
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A court must appoint an attorney for a child 14 or older in a contested adoption case.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Termination of Parental Rights (State) - Children
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Children in termination of parental rights proceedings who are 14 or older are entitled to an attorney (potentially an attorney ad litem).
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Termination of Parental Rights (Private) - Birth Parents
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
A court must appoint counsel for a parent in a termination proceeding connected to an adoption proceeding.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
Termination of Parental Rights (State) - Birth Parents
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
indigent parents have a right to counsel in termination of parental rights proceedings.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
Read more about this
New Mexico court: failure to advise parent of right to appointed counsel is fundamental error
08/31/2016
A New Mexico appellate court held that a trial court's failure to advise a parent of her statutory right to counsel was fundamental error.
Read more about this
Truancy - Petition Against Child
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
Right to counsel
Children 14 and older have a right to counsel in truancy cases (which are handled as "family in need of court-order services" matters).
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
Other Subject Areas
State adds right to counsel for extended foster care
03/13/2019
A new New Mexico law adds voluntary extended foster care for children aging out and provides counsel for children who opt in.
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
yes
Read more about this
| Subject Area |
Status |
| Abuse/Neglect/Dependency - Accused Parents |
categorical |
| Abuse/Neglect/Dependency - Children |
qualified |
| Adult Protective Proceedings - Protected Person (incomplete) |
qualified |
| All Basic Human Needs |
|
| Benefits - Claimant |
|
| Bypass of Parental Input into Abortion - Minor (Pre-Dobbs) |
no such proceeding |
| Child Support Establishment |
|
| Civil Contempt in Family Court |
discretionary |
| Civil Commitment |
qualified |
| Forfeiture (incomplete) |
discretionary |
| Consumer or Other Debt |
|
| Custody Disputes - Parents |
|
| Custody Disputes - Children |
discretionary |
| Divorce |
|
| Domestic Violence - Accused Person |
|
| Domestic Violence - Alleged Victim |
|
| Education - Special Education |
|
| Employment Discrimination |
|
| Guardianship/Conservatorship of Children - Child (incomplete) |
qualified |
| Guardianship/Conservatorship of Children - Parent or Guardian (incomplete) |
no such proceeding |
| Guardianship/Conservatorship of Adults - Protected Person |
qualified |
| Health Care Access |
|
| Housing - Discrimination |
|
| Housing - Evictions |
|
| Housing - General |
|
| Immigration |
|
| Issues Related to Incarcerated People |
|
| Incarceration for Fees/Fines (incomplete) |
|
| Involuntary Medical Treatment (incomplete) |
qualified |
| Paternity - Defendant/Respondent |
discretionary |
| Paternity - Petitioner or Child |
discretionary |
| Quarantine/Isolation |
categorical |
| Sexually Dangerous Persons - Commitment |
no such proceeding |
| Sexually Dangerous Persons - Registration/Notification |
|
| Sterilization |
no such proceeding |
| Termination of Parental Rights (Private) - Children |
qualified |
| Termination of Parental Rights (State) - Children |
qualified |
| Termination of Parental Rights (Private) - Birth Parents |
categorical |
| Termination of Parental Rights (State) - Birth Parents |
categorical |
| Truancy - Petition Against Child |
qualified |
Go back to Status Map
