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.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

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: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children 14 years or older are entitled to an attorney in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: yes

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for the indigent subject of an adult protective proceeding.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

Litigation

Key_development Question_mark

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

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

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

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent subjects of guardianship or conservatorship proceedings.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Discretionary appointment of counsel

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

Appointment of Counsel: discretionary Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Discretionary appointment of counsel

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

Appointment of Counsel: discretionary Qualified: no

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Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for an indigent person quarantined for infectious disease or TB.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

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

Appointment of Counsel: discretionary Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children in termination of parental rights proceedings who are 14 or older are entitled to an attorney.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

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Litigation

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.

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