New Mexico

Gideon Alert: New Mexico Voters Approve Independence of Public Defender

BY on Thursday, November 15, 2012 at 3:57 PM

Among the recent election results, the passage of a Constitutional Amendment in New Mexico stands as a significant milestone in public defense reform.  The state is now in compliance with Principle #1 of the ABA Ten Principles of a Public Defense Delivery System – that the “public defense function, including the selection, funding, and payment of defense counsel, is independent.”

Independence in New Mexico revisited

BY Jon Mosher on Wednesday, March 9, 2011 at 10:26 AM

In a March 5th editorial, the Albuquerque Journal (subscription required) called for the New Mexico public defender system to be overseen by an independent commission.  New Mexico has a statewide, state-funded indigent defense system that provides services through a combination of staffed public defender offices and contract attorneys.  As we wrote in our February 28 Gideon Alert on the matter: “The dismissal of the public defender is expected with the election of a new governor because New Mexico’s chief public defender is appointed by and serves at the pleasure of the governor, rather than through a non-partisan public defense commission as required by national standards including ABA Principle 1.”

Gideon Alert: Without independence, New Mexico PD system in limbo after governor dismisses chief

BY David Carroll on Monday, February 28, 2011 at 12:00 AM

On February 16, 2011, newly elected New Mexico Governor Susana Martinez removed the state’s Chief Public Defender Hugh Dangler from his post, as reported in the Santa Fe Reporter.  New Mexico has a statewide, state-funded indigent defense system that provides services through a combination of staffed public defender offices and contract attorneys. The dismissal of the public defender is expected with the election of a new governor because New Mexico’s chief public defender is appointed by and serves at the pleasure of the governor, rather than through a non-partisan public defense commission as required by national standards including ABA Principle 1. The dismissal in the middle of a legislative session without a replacement, however, “brings questions for the department's ability to advocate for itself.”