New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 12 - PUBLIC DEFENDER DEPARTMENT
Part 14 - INTERIM CASE REFUSAL PROTOCOL
Section 10.12.14.10 - DETERMINATION BY THE CHIEF TO REFUSE ADDITIONAL CASE ASSIGNMENTS BASED ON EXCESSIVE WORKLOADS

Universal Citation: 10 NM Admin Code 10.12.14.10

Current through Register Vol. 35, No. 6, March 26, 2024

A. If the chief determines that reasonably available administrative measures would fail or have failed to alleviate the risk described in Subsection E of 10.12.14.9 NMAC, the chief shall state in writing that accepting additional cases would be ethically irresponsible.

B. The chief's determination under Subsection A of 10.12.14.10 NMAC shall include a summary of the facts and copies of all documents considered while preserving from disclosure confidential client and personnel information except as otherwise provided by law.

C. The chief shall continue to monitor affected office and attorney workloads on a monthly basis and shall report in writing when quarterly workloads drop below the 2007 report standards.

D. When quarterly workload levels have dropped below the 2007 report standards, the chief shall determine on a monthly basis whether the affected office and attorneys are able to represent additional clients in an ethically responsible manner as described in Subsection A of 10.12.14.10 NMAC and shall maintain a record of this determination and the facts supporting it.

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