A. The public defender commission, created pursuant to Article 6, Section 39 of the constitution of New Mexico, consists of eleven members. Members shall be appointed as follows:
(1) the governor shall appoint one member;
(2) the chief justice of the supreme court shall appoint three members;
(3) the dean of the university of New Mexico school of law shall appoint three members;
(4) the speaker of the house of representatives shall appoint one member;
(5) the majority floor leaders of each chamber shall each appoint one member; and
(6) the president pro tempore of the senate shall appoint one member.
B. The appointments made by the chief justice of the supreme court and the dean of the university of New Mexico school of law shall follow the appointments made by the other appointing authorities and shall be made in such a manner so that each of the two largest major political parties, as defined in the Election Code, shall be equally divided on the commission.
C. Initial appointments to the commission shall be made by July 1, 2013. If a position remains vacant on July 1, 2013, the supreme court shall fill the vacancy. Initial terms of members appointed by the dean of the university of New Mexico school of law, the speaker of the house of representatives and the majority floor leader of the senate shall be for three years; and initial terms of members appointed by the governor and the chief justice of the supreme court shall be for two years.
D. Subsequent terms shall be for four years. A commission member shall not serve more than two consecutive terms. A commission member shall serve until the member's successor has been appointed and qualified. A vacancy on the commission shall be filled by the appointing authority for the remainder of the unexpired term.
E. A member may be removed by the commission for malfeasance, misfeasance or neglect of duty. If a member's professional status changes to render the member ineligible pursuant to the Public Defender Act, the member shall resign immediately.
F. Members of the commission are entitled to compensation pursuant to the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other perquisite, compensation or allowance.
G. The commission is administratively attached to the department, and staff for the commission shall be provided by the department.
History: Laws 2013, ch. 195, § 4.
Effective dates. — Laws 2013, ch. 195 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-15-1 - Short title.
Section 31-15-2 - Definitions.
Section 31-15-2.1 - Public defender commission; membership; terms; removal.
Section 31-15-2.2 - Public defender commission; member qualifications.
Section 31-15-2.3 - Public defender commission; organization; meetings.
Section 31-15-2.4 - Public defender commission; powers and duties; restriction on individual member.
Section 31-15-4 - Chief public defender; appointment; qualifications; removal.
Section 31-15-5 - Public defender department; administration; finance.
Section 31-15-5.1 - Public defender automation fund created; administration; distribution.
Section 31-15-6 - Public defender department; powers.
Section 31-15-7 - Chief public defender; general duties and powers.