New Mexico Statutes
N.M. Stat. § 31-16-1 (2026)
Short title.
✓ current as of May 2026
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Sections 58 through 68 [31-16-1 to 31-16-10 NMSA 1978] of this act may be cited as
the "Indigent Defense Act".
History: 1953 Comp., § 41-22-1, enacted by Laws 1968, ch. 69, § 58.
ANNOTATIONS
Cross references. — For public defender's duties relating to indigents, see 31-15-7
NMSA 1978.
For juvenile court indigency standard, fee schedule and reimbursement, see 32A-2-30
NMSA 1978.
For district court indigency standard, fee schedule and reimbursement, see 34-6-46
NMSA 1978.
For metropolitan court indigency standard, fee schedule and reimbursement, see 34-
8A-11 NMSA 1978.
For magistrate court indigency standard, fee schedule and reimbursement, see 35-5-8
NMSA 1978.
Legislative intent. — The legislature does not, in the Indigent Defense Act, provide
that the state is to furnish free counsel for persons pursuing civil damage claims. Orrs v.
Rodriguez, 1972-NMCA-148, 84 N.M. 355, 503 P.2d 335.
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.
Counsel need not be notified before defendant questioned about unrelated
offense. — Where an accused has been charged with one offense and is represented
by counsel with respect to that offense, police need not notify that counsel before
questioning defendant about another unrelated offense. State v. Seward, 1986-NMCA-
062, 104 N.M. 548, 724 P.2d 756, cert. denied, 104 N.M. 522, 724 P.2d 231.
Where conflict in procedure, rule controls. — If Rule 1-092 NMRA and the Indigent
Defense Act are in conflict on a procedural matter, the rule must control. State ex rel.
Peters v. McIntosh, 1969-NMSC-103, 80 N.M. 496, 458 P.2d 222.
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. — 21A Am. Jur. 2d Criminal Law § 1197 et
seq.
Ineffective assistance of counsel: misrepresentation, or failure to advise, of immigration
consequences of guilty plea - state cases, 65 A.L.R.4th 719.
Right of indigent defendant in state criminal case to assistance of investigators, 81
A.L.R.4th 259.
22 C.J.S. Criminal Law §§ 277, 278, 292.Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1956–2021 · leading case: Kerr v. Parsons, 2016 NMSC 028 (N.M. 2016).
Kerr v. Parsons, 2016 NMSC 028 (N.M. 2016). “The IDA specifically mandates that “[t]he attorney, services and facilities and 4 expenses and court costs shall be provided at public expense for needy persons.”
State Ex Rel. Quintana v. Schnedar, 855 P.2d 562 (N.M. 1993). “1992), supersedes conflicting provisions of the Indigent Defense Act (“IDA”), NMSA §§ 31-16-1 to -10 (Repl.Pamp.1984), and gives it this authority.”
State v. Brown, 87 P.3d 1073 (N.M. Ct. App. 2004). “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,…”
Coyazo v. State, 897 P.2d 234 (N.M. Ct. App. 1995). “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.Pamp.1984 & Cum.”
State v. Quinones, 248 P.3d 336 (N.M. Ct. App. 2010). “2d at 762 (holding that the New Mexico's Public Defender Act and the Indigent Defense Act, NMSA 1978, Sections 31-16-1 to -10 (1968, as amended through 1973), establish only mechanisms for indigents to obtain counsel in criminal proceedings and that "[i]t is not within the…”
State v. Quiñones, 2011 NMCA 018 (N.M. Ct. App. 2010). “2d at 762 (holding that the New Mexico’s Public Defender Act and the Indigent Defense Act, NMSA 1978, Sections 31-16-1 to -10 (1968, as amended through 1973), establish only mechanisms for indigents to obtain counsel in criminal proceedings and that “[i]t is not within the…”
State v. Young, 172 P.3d 138 (N.M. 2007). “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). “Defendants also correctly note that New Mexico courts have held that the Public Defender Act must be read in pari materia with the Indigent Defense Act, NMSA 1978, §§ 31-16-1 to -10 (Repl. Pamp.”
In Re Hickok's Will, 297 P.2d 866 (N.M. 1956). “It is noted in this connection that § 31-16-1, NMSA, 1953, provides that gifts to foreign charities are tax exempt only if the property so passed shall be used within this state and if the law of the state of the domicile of such charity grants reciprocal exemptions.”
State v. Brown, 2006 NMSC 23 (N.M. 2006). “{13} The New Mexico Legislature has responded to these constitutional rights by enacting the Indigent Defense Act, NMSA 1978, § § 31-16-1 to 31-16-10 (1968), and the Public Defender Act, NMSA 1978, § § 31-15-1 to 31-15-12 (1973, as amended through 2001).”
State v. Seward, 724 P.2d 756 (N.M. Ct. App. 1986). “1984), and the Indigent Defense Act, NMSA 1978, Sections 31-16-1 to -10 (Repl.Pamp.1984).”
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