N.M. R. Child. Ct. 10-706

As amended through August 23, 2024

Rule 10-706 - Order of appointment of attorney for child and notice and order to parent(s), guardian(s), or custodian(s)

[For use with Rule 10-223 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

ORDER OF APPOINTMENT OF ATTORNEY FOR CHILD AND NOTICE AND ORDER TO PARENT(S), GUARDIAN(S), OR CUSTODIAN(S)

THIS MATTER having come before the court, and the court finding that an attorney has not entered an appearance for the child,

IT IS THEREFORE ORDERED that the following attorney shall be appointed to represent the child in this matter:

[ ] the Public Defender, whose address and telephone number is _______________

______________________________________________________________________

[ ] ______________________ , an attorney on contract with the Office of the Public Defender, whose address and telephone number is ______________________________________________________________________

______________________________________________________________________

NOTICE AND ORDER TO PARENT(S), GUARDIAN(S), OR CUSTODIAN(S):

1. Within five (5) days of receiving this order, you must do one of the following:

A. Complete the enclosed copy of Form 10-707 NMRA, the Eligibility Determination for Indigent Defense Services form, and return it to the public defender, or

B. Make arrangements with another attorney of your choosing for the payment of legal services performed for the child.

2. Failure to complete and return the enclosed Form 10-707 NMRA within five (5) days may result in you being charged for all legal representation of the respondent child.

3. If you reside in a county where no public defender office exists, you may apply at the district or magistrate court in your area.

4. The appointed attorney has been directed to assist you in any indigency determination proceeding.

5. Under New Mexico law, if you can afford to pay, you may be ordered to reimburse the state for the costs of representing the above-named child.

THIS IS A COURT ORDER. IF YOU DO NOT COMPLY WITH THIS ORDER, YOU MAY BE HELD IN CONTEMPT OF COURT AND PUNISHED BY FINE OR IMPRISONMENT.

____________________________________

District judge

CERTIFICATE OF MAILING

I certify that on this date I mailed a copy of this notice to __________________ , (name) at the address indicated.

Date of Mailing:

__________________ , ________ By _________________________________

[10-407 recompiled and amended as 10-706 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]

N.M. R. Child. Ct. 10-706

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective December 31, 2016, changed the heading and title of the form from "Notice of requirement to pay attorney fees for legal representation of the above-named child." to "Order of appointment of attorney for child and notice and order to parent(s), guardian(s), or custodian(s).", changed the caption of the case, and rewrote the form. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-407 NMRA was recompiled and amended as 10-706 NMRA, effective for all cases pending or filed on or after December 31, 2016.