New Mexico Forms Library

9-403B. Conditional order of appointment; contract defense counsel.

[Section 35-5-8 NMSA 1978]

STATE OF NEW MEXICO

COUNTY OF _______________

___________________ COURT

STATE OF NEW MEXICO

COUNTY OF _______________,

v.                                                                                             No. __________

_______________________________, Defendant.

CONDITIONAL ORDER OF APPOINTMENT¹

CONTRACT DEFENSE COUNSEL

This matter having come before the court, the court finds:

(please check appropriate box or boxes)

THE COURT FINDS THAT:

[ ]         The defendant is incarcerated.

[ ]         The defendant is not incarcerated.

THE COURT FURTHER FINDS THAT:

[ ]         The defendant is indigent and unable to obtain counsel.

IT IS THEREFORE ORDERED THAT:

[ ]         The Law Offices of the Public Defender is appointed to represent the defendant in the above-entitled case.

[ ]         ____________________________ , an attorney on contract with the [Law Offices of the Public Defender] [City of ________________], shall represent the defendant in the above-entitled case.

IT IS FURTHER ORDERED THAT:

[ ]         The application fee is waived.

[ ]         The application fee is required.

                                                                                    ________________________________

                                                                                    Judge

CERTIFICATE OF MAILING

            I certify that I mailed a copy of this order to the above-named defendant at __________________ (set forth address), and to the Law Offices of the Public Defender on the ____________ day of __________________, ________.

________________________________            ________________________________

Date                                                                            (Judge) (Clerk)

USE NOTES

            1.         This form may be used in municipal courts and in magistrate court jurisdictions where the Law Offices of the Public Defender does not have a physical office and relies on appointed contract attorneys to represent indigent defendants. In jurisdictions where the Law Offices of the Public Defender has a physical office, magistrate courts should use Form 9-403A NMRA.

[Adopted by Supreme Court Order No. 15-8300-006, effective for all cases pending or filed on or after December 31, 2015; as amended by Supreme Court Order No. 21-8300-023, effective for all cases pending or filed on or after December 31, 2021.]