Bill > HB57

This bill amends the Family Violence Protection Act to establish a right to legal representation for indigent domestic abuse victims in New Mexico. The bill defines an "indigent person" as someone who cannot afford legal representation without undue hardship and provides that such victims are entitled to have an attorney in all legal proceedings related to their domestic abuse case, with the attorney's services, expenses, and court costs paid for by the public. When an alleged victim first appears in court, the judge must inform them of their right to legal counsel, including the option to have counsel assigned by the court if they cannot afford an attorney. The bill outlines a process for determining indigency, which involves the court evaluating factors like income, property, outstanding obligations, and dependents. Additionally, the bill allows the administrative office of the courts to contract with attorneys to provide representation, and it includes a provision that protects these attorneys from civil liability related to their assigned services. The overall aim of the bill is to ensure that domestic abuse victims have access to legal representation regardless of their financial circumstances.

Government Affairs

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=57&year=25