Discretionary appointment of counsel

New Mexico , Legislation , Custody Disputes - Children

NMSA 1978, Section 40-4-8 gives judges the discretionary power to appoint an attorney as guardian ad litem for children in private custody disputes “on the court’s motion or upon application of any party to appear for and represent the minor children. Expenses, costs and attorneys’ fees for the guardian ad litem may be allocated among the parties as determined by the court.”

Appointment of Counsel: Discretionary
Qualified: No
? 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.