Waiver of counsel, 2014
A juvenile may waive his or her right to counsel as long as the court determines that the wavier was knowingly, intelligently, and voluntarily made.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In New Mexico, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings. According to Children's Court Rules, upon the first appearance of a respondent juvenile before a court in response to summons or warrant or following arrest, the court must inform the respondent juvenile of the right to the assistance of counsel at every stage of the proceedings and the right, if any, to representation by an attorney at state expense.
Indigency requirements, 2013
Organized at the state level
Organizer: New Mexico Public Defender Department
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
New Mexico juvenile indigency law is governed by: juvenile statutes, Children's Court Rules and Forms, and Adult statutes, which provide for the determination of indigency. New Mexico's Children's Court Forms provides a sample Eligibility Determination for Indigent Defense Services worksheet. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney.
Courtroom shackling, 2015
Restricted by judiciary
In New Mexico, Children’s Court Rule 10-223 requires that use of any physical restraint devices must be court ordered with individual determinations based on ‘particularized’ security needs relating to the facility, available security personnel, etc. Reasonable effort must be made to avoid the jury’s observation of restraints. Before or after any child is ordered restrained, the court shall permit any party to be heard.
Sex offender registration, 2015
Does not register
In New Mexico, Children’s Court rules have provisions for determination of (juvenile) competency to stand trial. Statutory sections for predisposition studies include procedures for evaluations in a more general sense. The court can submit the issue to a jury. If found incompetent, misdemeanors are dismissed with prejudice, and other allegations can be stayed for up to one year. If a finding of incompetency is made during the adjudicatory hearing, a mistrial is declared.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity