N.M. Stat. » N.M. Stat. / Chapter 31 / Article 15
New Mexico Statutes

N.M. Stat. § 31-15-1 (2026)

Short title.

✓ current as of May 2026
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Chapter 31, Article 15 NMSA 1978 may be cited as the "Public Defender Act".

History: 1953 Comp., § 41-22A-1, enacted by Laws 1973, ch. 156, § 1; 2013, ch. 195,
§ 2.

                                     ANNOTATIONS

Cross references. — For Indigent Defense Act, see 31-16-1 NMSA 1978.

The 2013 amendment, effective June 14, 2013, added the NMSA chapter and article
for the Public Defender Act; and at the beginning of the sentence, changed "This act" to
"Chapter 31, Article 15 NMSA 1978".

Multiple representation. — While it is incontestable that a criminal defendant is
entitled to representation, there is no support for the argument that more than one
attorney must be appointed to represent an indigent defendant based merely on the
claim that a case is complex and a conviction would carry serious consequences to the
defendant. State v. Chamberlain, 1991-NMSC-094, 112 N.M. 723, 819 P.2d 673.

Immunity extends to attorneys under contract to public defender. — The Public
Defender Act (this article) does not contain any language about immunity or lack of
immunity, but reading the Public Defender Act and the Judgment Defense Act in pari
materia, the legislature intended the immunity granted in this section to attorneys
appointed under the Indigent Defense Act to apply also to those appointed because
they are under contract to the public defender. Herrera v. Sedillo, 1987-NMCA-098, 106
N.M. 206, 740 P.2d 1190.

Legal representation of juveniles. — The public defender department has the
responsibility of providing legal representation for indigent juveniles. 1973 Op. Att'y Gen.
No. 73-58.

Law reviews. — For annual survey of criminal procedure in New Mexico, see 18 N.M.L.
Rev. 345 (1988).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of statutes
providing for office of public defender, 36 A.L.R.3d 1403.
Public defender's immunity from liability for malpractice, 6 A.L.R.4th 774.
Notes of Decisions
Cited in 18 cases, 1986–2018 · leading case: Kerr v. Parsons, 2016 NMSC 028 (N.M. 2016).
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Kerr v. Parsons, 2016 NMSC 028 (N.M. 2016). · cites it 6× “In response to Gideon, the New Mexico Legislature enacted the 24 1 Indigent Defense Act (IDA), NMSA 1978, §§ 31-16-1 to -10 (1968), and the Public 2 Defender Act (PDA), NMSA 1978, §§ 31-15-1 to -12 (1973, as amended through 3 2014).”
State v. Chamberlain, 819 P.2d 673 (N.M. 1991). · cites it 4× “[1] In connection with the propriety and character of jury instructions to be given when provocation is put in issue by unlawful conduct on the part of arresting officers, Professor LaFave observes the circumstances may require more than the mere fact of illegality: If an…”
Coyazo v. State, 897 P.2d 234 (N.M. Ct. App. 1995). · cites it 4× “1987) (reading the Public Defender Act, NMSA 1978, §§ 31-15-1 to -12, and the Indigent Defense Act, NMSA 1978, §§ 31-16-1 to -10 (Repl.”
Subin v. Ulmer, 36 P.3d 441 (N.M. Ct. App. 2001). · cites it 4× “Defendant contends that the Public Defender Act, NMSA 1978, §§ 31-15-1 to -12 (1973, as amended through 2001), particularly in Section 31-15-7(B), created the Department and authorized it to provide indigent defendants, such as herself, with the services required by the Indigent…”
State Ex Rel. Quintana v. Schnedar, 855 P.2d 562 (N.M. 1993). · cites it 2× “It argues that the Public Defender Act (“PDA”), NMSA 1978, §§ 31-15-1 to -12 (Repl.Pamp.1984 & Cum.”
State v. Brown, 87 P.3d 1073 (N.M. Ct. App. 2004). · cites it 4× “In determining that the pertinent statutes permitted the courts to determine indigency, the Supreme Court reconciled the Indigent Defense Act enacted in 1968, NMSA 1978, §§ 31-16-1 to -10 (1968, as amended through 1973), with the Public Defender Act enacted in 1973, NMSA 1978,…”
State v. Woodruff, 951 P.2d 605 (N.M. 1997). · cites it 2× “We have said, he observes, that the Indigent Defense Act, NMSA 1978, §§ 81-16-1 to -10 (1968), and the Public Defender Act, NMSA 1978, §§ 31-15-1 to -12 (1973, as amended through 1993), create a unified response to the needs of those who are “financially incapable of employing…”
State v. Quinones, 248 P.3d 336 (N.M. Ct. App. 2010). “2d at 270, 272 (holding that the New Mexico's Public Defender Act, NMSA 1978, Sections 31-15-1 to -12 (1973, as amended through 2001), does not create a statutory extension or expansion of a detained individual's constitutional right to counsel under either the federal or New…”
State v. Quiñones, 2011 NMCA 018 (N.M. Ct. App. 2010). “2d at 270, 272 (holding that the New Mexico’s Public Defender Act, NMSA 1978, Sections 31-15-1 to -12 (1973, as amended through 2001), does not create a statutory extension or expansion of a detained individual’s constitutional right to counsel under either the federal or New…”
State v. Young, 172 P.3d 138 (N.M. 2007). · cites it 2× “NMSA 1978, §§ 31-16-1 to -10 (1968) (Indigent Defense Act); NMSA 1978, §§ 31-15-1 to -12 (1973) (Public Defender Act).”
State v. Vigil, 2014 NMCA 096 (N.M. Ct. App. 2014). “{12} The Legislature has defined the parameters of the right to counsel in New Mexico with respect to indigent defendants via the Indigent Defense Act, NMS A 1978,§§31-16-1 to -10 (1968, as amended through 1973), and the Public Defender Act, NMS A 1978, §§ 31-15-1 to -12 (1973,…”
State v. Pino, 932 P.2d 13 (N.M. Ct. App. 1996). · cites it 2× “NMSA 1978, §§ 31-15-1 to -12 (Repl.Pamp.1984 & Cum.”
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