2019 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 16 - Defense of Indigents
Section 31-16-7 - Recovery from defendant.
A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under the Indigent Defense Act [31-16-1 NMSA 1978]:
(1) to which he was not entitled;
(2) with respect to which he was not a needy person when he received it; or
(3) with respect to which he has failed to make the certificate required by Section 62 B [31-16-5 NMSA 1978] of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received.
B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by Subsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received.
C. Amounts recovered under this section shall be paid to the state treasurer for credit to the state general fund.
History: 1953 Comp., § 41-22-7, enacted by Laws 1968, ch. 69, § 64.
ANNOTATIONSCross references. — For jury and witness fee fund, see 34-9-11 NMSA 1978.
Legislative intent. — The legislature did not, in the Indigent Defense Act, provide that the state was to furnish free counsel for persons pursuing civil damage claims. Orrs v. Rodriguez, 1972-NMCA-148, 84 N.M. 355, 503 P.2d 335.
Defendant's financial means. — In resolving the factual question as to defendant's financial means, the defendant's answers should be under oath. The factual question is not whether defendant ought to be able to employ counsel, but whether he is able to do so. State v. Anaya, 1966-NMSC-144, 76 N.M. 572, 417 P.2d 58.
