Discretionary appointment of counsel for certain criminal defendants
The New Mexico legislature abolished civil forfeiture in 2015. See 2015 New Mexico Laws Ch. 152 (H.B. 560); NMSA 1978, § 31-27-2 (One of “[t]he purposes of the Forfeiture Act [is] to . . . [e]nsure that only criminal forfeiture is allowed in this state and only pursuant to state law.”). However, appointment of counsel is still not guaranteed for criminal defendants, as it is made on a discretionary basis. Per NMSA 1978, § 31-27-6(C), “If the criminal defendant in the related criminal matter is represented by the public defender department, the chief public defender or the district public defender may authorize department representation of the defendant in the forfeiture proceeding.” (emphasis added).
No appointment provision, discretionary or otherwise, was located for “innocent owners.” See e.g., N. M. S. A. 1978, § 31-27-7.1.
