Discretionary appointment of counsel

Key_development Question_mark

Legislation, Paternity - Defendant/Respondent

In proceedings to adjudicate the parentage of a child, "[t]he court shall appoint counsel for any party who is unable to obtain counsel for financial reasons if, in the court's discretion, appointment of counsel is required in the interest of justice."  NMSA 1978, § 40-11A-641 (A) (2009). The court is responsible for payment of "reasonable compensation for services and related expenses" of court-appointed counsel. NMSA 1978, §§ 32A-1-19 (A)(1)–(2).

Appointment of Counsel: discretionary Qualified: no