New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 12 - PUBLIC DEFENDER DEPARTMENT
Part 14 - INTERIM CASE REFUSAL PROTOCOL
Section 10.12.14.9 - DUTY OF THE CHIEF TO INVESTIGATE EXCESSIVE WORKLOAD LEVELS

Universal Citation: 10 NM Admin Code 10.12.14.9

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

A. When reported case assignments for three or more months how the attorneys of a particular office have or a contract attorney has case assignments in excess of quarterly standards derived from the 2007 report, the chief shall conduct an investigation. In conducting this investigation, the chief shall review available attorney time records for the period during which workloads for the affected attorneys have exceeded the 2007 report's quarterly standards.

B. In conducting this investigation, the chief shall also obtain information from the affected office and attorneys and staff regarding the attorneys' ability to provide competent representation to existing clients.

C. In deciding whether the affected office and attorneys can provide competent representation to existing clients, the chief shall consider whether the affected offices and attorneys consistently are able to comply with the department's 2016 performance standards.

D. After the investigation described above, the chief should determine whether additional case assignments would create a significant risk that the affected office's and attorneys' obligation to provide competent representation to existing clients would materially limit their representation of additional clients.

E. If the chief determines that a significant risk exists that the affected attorneys' duty to existing clients would materially limit their representation of additional clients as described in Subsection D of 10.12.14.9 NMAC, the chief then shall determine whether administrative measures are reasonably available that would alleviate that risk short of refusing additional case assignments.

F. If the chief determines such administrative measures are reasonably available, the chief shall institute these measures and evaluate their effectiveness on a quarterly basis as long as affected attorney workloads exceed the 2007 report's quarterly standards.

G. In the event of multiple investigations, the chief shall decide the priority in which they are conducted and what further steps are taken.

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