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.
  • Age

    Under 0

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

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.

  • Reflects laws as of the end of 2013 legislative sessions.

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.

  • Reflects laws as of the end of 2013 legislative sessions.

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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