Home
>
Map
>
Major Developments

Back to Status Map

New Mexico

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

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.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Qualified

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

April 4, 2023

NM provides parents with counsel prior to the signing of a voluntary placement agreement

A parent or guardian has the right to counsel before signing, and for the duration of, a voluntary placement agreement.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Other subject area

Legislation

Key Development

March 13, 2019

State adds right to counsel for extended foster care

A new New Mexico law adds voluntary extended foster care for children aging out and provides counsel for children who opt in.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

February 17, 2025

SB429

Providing RTC to children and certain parents in reinstatement of parental rights matters, including on appeal

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Termination of Parental Rights (State) - Birth Parents

Litigation

August 31, 2016

New Mexico court: failure to advise parent of right to appointed counsel is fundamental error

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

April 4, 2023

NM provides parents with counsel prior to the signing of a voluntary placement agreement

A parent or guardian has the right to counsel before signing, and for the duration of, a voluntary placement agreement.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

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.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Children in abuse and TPR proceedings who are 14 or older are entitled to client-directed counsel and younger children to an attorney GAL.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Adult Protective Proceedings - Protected Person

Legislation

Key Development

Right to counsel

Indigent respondents in involuntary protective matters have the right to counsel in nonemergency and renewal of ex-parte emergency order cases.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

No such proceeding

There is no requirement that a minor obtain parental input prior to having an abortion.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for adults and most children in involuntary commitment proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Civil Contempt in Family Court

Litigation

Key Development

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.

Appointment of Counsel: Discretionary

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint an attorney-GAL for a child in a private custody dispute.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Forfeiture (incomplete)

Legislation

Key Development

July 1, 2015

Discretionary appointment of counsel for certain criminal defendants

A public defender in a criminal case may represent the criminal defendant in a related forfeiture proceeding.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to attorney ad litem

There is a right to an attorney for unrepresented adults in guardianship and conservatorship proceedings, but in an ad litem role.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

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.

Appointment of Counsel: Discretionary

Qualified: Yes

No Such Proceeding

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

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.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel

There is a right to counsel for adults and most children in involuntary treatment proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Other subject area

Legislation

Key Development

March 13, 2019

State adds right to counsel for extended foster care

A new New Mexico law adds voluntary extended foster care for children aging out and provides counsel for children who opt in.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Parentage - Defendant/Respondent

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for any indigent party in paternity cases.

Appointment of Counsel: Discretionary

Qualified: No

Discretionary

Parentage - Petitioner or Child

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for any indigent party in a paternity proceeding.

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Quarantine/Isolation

Legislation

Key Development

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.

Appointment of Counsel: Yes

Qualified: No

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

No Such Proceeding

Sterilization

Legislation

No such proceeding

There appears to be no statute or caselaw addressing sterilization.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

A court must appoint counsel for a parent in a termination proceeding connected to an adoption proceeding.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (Private) - Children

Legislation

Key Development

Right to counsel

A court must appoint an attorney for a child 14 or older in a contested adoption case.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

indigent parents have a right to counsel in termination of parental rights proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

Children in abuse and TPR proceedings who are 14 or older are entitled to client-directed counsel and younger children to an attorney GAL.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Truancy - Petition Against Child

Legislation

Key Development

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).

Appointment of Counsel: Yes

Qualified: Yes

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

About Us

Mission & Vision Our Team Our Work Funders & Supporters Contact

About Civil RTC

History CRTC Champions FAQ

News

Resource Library

Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC

Get Involved

Donate

Status Map