New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 12 - PUBLIC DEFENDER DEPARTMENT
Part 14 - INTERIM CASE REFUSAL PROTOCOL
Section 10.12.14.11 - NOTICE TO AFFECTED COURTS OF CASE REFUSAL; MOTIONS TO WITHDRAW; AND NOTICES OF RENEWED AVAILABILITY

Universal Citation: 10 NM Admin Code 10.12.14.11

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

A. When the chief determines that affected office and attorney workloads make it ethically irresponsible for affected offices and attorneys to accept additional case assignments as described in Subsection A of 10.12.14.10 NMAC the chief shall prepare a notice of case refusal.

B. The notice of case refusal shall state that it would be ethically irresponsible for affected office and attorneys to accept additional cases at the present time and shall bear the chief's signature.

C. The Notice shall have attached to it a copy of the chief's written determination and supporting documents as provided in 10.12.14.10 NMAC.

D. The chief shall deliver a copy of the notice to the chief district judge of the affected jurisdiction; all affected courts within that jurisdiction; and the administrative office of the courts.

E. Notwithstanding the above provisions, if the chief determines it would be ethically responsible, case assignments may continue to be accepted for cases involving homicides, violent felonies, sexual offenses, and juvenile respondents.

F. The affected attorneys shall promptly move to withdraw from case assignments that occurred after the chief's determination, subject to the exceptions listed in Subsection E of 10.12.14.11 NMAC.

G. The affected office and attorneys shall continue to be unavailable to accept new cases except as provided herein until such time as the chief determines pursuant to Subsection C of 10.12.14.10 NMAC and Subsection D of 10.12.14.10 NMAC that workload levels have fallen below 2007 report standards and it would be ethically responsible to accept additional cases.

H. The chief shall provide a copy of his monthly determination of continued unavailability pursuant to Subsection C of 10.12.14.10 NMAC and Subsection D of 10.12.14.10 NMAC to all parties listed in Subsection D of 10.12.14.11 NMAC until such time as he determines it would be ethically responsible for the affected office and attorneys to accept additional case.

I. When the chief determines as provided above that the affected office and attorneys are able to accept additional cases, the chief shall issue a notice of renewed availability, which shall bear the chief's signature.

J. The notice of renewed availability shall be delivered to the chief district judge of the affected jurisdiction; all affected courts within that jurisdiction; and the administrative office of the courts.

K. Upon communication of the chief's notice of renewed availability, the office and attorneys previously disqualified from accepting additional cases shall begin accepting new cases under normal case assignment procedures.

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