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New Mexico Statutes

N.M. Stat. § 31-16-2 (2026)

Definitions.

✓ current as of May 2026
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As used in the Indigent Defense Act:

   A. "detain" means to have in custody or otherwise deprive of freedom of action;

    B. "expenses", when used with reference to representation, includes the expenses
of investigation, other preparation and trial;

   C. "needy person" means a person who, at the time his need is determined by the
court, is unable, without undue hardship, to provide for all or a part of the expenses of
legal representation from available present income and assets; and

   D. "serious crime" includes a felony and any misdemeanor or offense which carries
a possible penalty of confinement for more than six months.

History: 1953 Comp., § 41-22-2, enacted by Laws 1968, ch. 69, § 59; 1973, ch. 210, §
1.
Notes of Decisions
Cited in 11 cases, 1963–2018 · leading case: Subin v. Ulmer, 36 P.3d 441 (N.M. Ct. App. 2001).
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Subin v. Ulmer, 36 P.3d 441 (N.M. Ct. App. 2001). · cites it 4× “See NMSA 1978, §§ 31-16-2(B), -3(A), -3(C) (1968, as amended through 1973).”
State v. Vigil, 2014 NMCA 096 (N.M. Ct. App. 2014). · cites it 2× “” Section 31-16-2(D). Thus, the Indigent Defense Act would not appear to extend to a first offense DWI with a maximum sentence of ninety days, as charged here.”
State Ex Rel. Quintana v. Schnedar, 855 P.2d 562 (N.M. 1993). · cites it 2× “, Section 31-16-2(C) (“ ‘needy person’ means a person who, at the time his need is determined by the court, is unable, without undue hardship, to provide .”
State v. Woodruff, 951 P.2d 605 (N.M. 1997). · cites it 2× “’’) (citations omitted), with NMSA 1978, § 31-16-3(A) (1968) (providing for indigent defense in all "serious crimes,” defined in Section 31-16-2(D) (1968) as crimes with a potential sentence of imprisonment of six months or more).”
State v. Brown, 2006 NMSC 23 (N.M. 2006). · cites it 2× “" Section 31-16-2(C). {14} The Public Defender Act obligates the Public Defender's Office to "represent every person without counsel who is financially unable to obtain counsel and who is charged in any court within the district with any crime that carries a possible sentence of…”
Delaney v. First Nat'l Bank in Albuquerque, 386 P.2d 711 (N.M. 1963). “, 1953 Comp., by which an adopted child is grouped with lineal descendants in determining the amount of the decedent’s estate which is exempt from inheritance tax, and § 31-16-2, N.”
N B S Corp. v. Valdez, 405 P.2d 224 (N.M. 1965). · cites it 4× “The pertinent statutes, §§ 31-16-2, 31-16-3, N.M.S.A., 1953 Comp.”
Est. of Thompson v. O'Cheskey, 525 P.2d 894 (N.M. Ct. App. 1974). · cites it 5× “The sole question on appeal is the interpretation of § 31-16-2, N.M.S.A.1953 (Supp. 1971) (Repealed by Laws of New Mexico 1973, ch.”
State v. Chavez (N.M. Ct. App. 2018). · cites it 2× “The CI also testified 13 to some transactions with Defendant, including receiving the truck at Richardson 14 Motor Company.”
State v. Vigil (N.M. Ct. App. 2014). · cites it 2× “” Section 31-16-2(D). Thus, the Indigent Defense Act would not appear to extend to a first offense DWI with a maximum sentence of ninety days, as charged here.”
Harvey v. Vigil, 430 P.2d 874 (N.M. 1967). · cites it 2× “” The only issue under this point is whether the transfer was “to take effect upon the death of the grantor” and accordingly subject to the estate tax provided in § 31-16-2, N.M.S.A.1953, together with the additional tax assessed against the grantee or donee in § 31-16-20, supra.”
— N.M. Stat. § 31-16-2(B) — 1 case
Subin v. Ulmer, 36 P.3d 441 (N.M. Ct. App. 2001). “See NMSA 1978, §§ 31-16-2(B), -3(A), -3(C) (1968, as amended through 1973).”
— N.M. Stat. § 31-16-2(C) — 3 cases
State Ex Rel. Quintana v. Schnedar, 855 P.2d 562 (N.M. 1993). “, Section 31-16-2(C) (“ ‘needy person’ means a person who, at the time his need is determined by the court, is unable, without undue hardship, to provide .”
State v. Brown, 2006 NMSC 23 (N.M. 2006). “" Section 31-16-2(C). {14} The Public Defender Act obligates the Public Defender's Office to "represent every person without counsel who is financially unable to obtain counsel and who is charged in any court within the district with any crime that carries a possible sentence of…”
State v. Chavez (N.M. Ct. App. 2018). “The CI also testified 13 to some transactions with Defendant, including receiving the truck at Richardson 14 Motor Company.”
— N.M. Stat. § 31-16-2(D) — 3 cases
State v. Vigil, 2014 NMCA 096 (N.M. Ct. App. 2014). “” Section 31-16-2(D). Thus, the Indigent Defense Act would not appear to extend to a first offense DWI with a maximum sentence of ninety days, as charged here.”
State v. Woodruff, 951 P.2d 605 (N.M. 1997). “’’) (citations omitted), with NMSA 1978, § 31-16-3(A) (1968) (providing for indigent defense in all "serious crimes,” defined in Section 31-16-2(D) (1968) as crimes with a potential sentence of imprisonment of six months or more).”
State v. Vigil (N.M. Ct. App. 2014). “” Section 31-16-2(D). Thus, the Indigent Defense Act would not appear to extend to a first offense DWI with a maximum sentence of ninety days, as charged here.”
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