New Mexico Forms Library

9-704.  Order of appointment for habeas corpus proceedings under Rule 5-802 NMRA.

[For use with District Court Criminal Rule 5-802 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

__________________ JUDICIAL DISTRICT COURT

_______________________________,                                                  No. __________

            Petitioner,

v.

_______________________________,

            Respondent.

ORDER OF APPOINTMENT FOR HABEAS CORPUS PROCEEDINGS

UNDER RULE 5-802 NMRA

This matter having come before the court, and the court being fully advised of the circumstances;

THE COURT FINDS THAT:

            [ ]         the petitioner is incarcerated; or

[ ]         the petitioner is not incarcerated, and is indigent and unable to obtain counsel; and 

[ ]         this is a proceeding which a reasonable person would bring at that person’s own expense.¹

IT IS THEREFORE ORDERED THAT:

            [ ]         the Public Defender Department is hereby appointed to represent the Petitioner in the above-entitled cause without payment of the application fee.

            [ ]         the Public Defender Department, shall appoint an attorney on contract with the department represent the petitioner based on the conflict memorandum reviewed by the court or as disclosed at a status conference with the court.

            [ ]         petitioner’s counsel shall file an amended petition or a notice of non-intent to file an amended petition within ninety (90) days of the date of the filing of this order.

                                                                                    ________________________________

                                                                                    (District Judge)

USE NOTES

            If the Public Defender Department is appointed, the clerk of the district court shall mail a copy of this order and a copy of the pro se petition to the Post-Conviction/Habeas Division, Office of the Public Defender, 505 Marquette NW, Ste. 120, Albuquerque, NM 87102.

            1.         Under the Indigent Defense Act, a person has the limited right to appointed counsel representation in post-conviction matters “unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense” NMSA 1978, § 31-16-3(B)(3) (1968).  Therefore, the Public Defender may not be able to represent a petition in all cases.

[Adopted by Supreme Court Order No. 14-8300-014, effective for all cases filed on or after December 31, 2014.]