New Mexico Supreme Court
Liane E. Kerr, Esquire, Petitioner-Pro Se v. Hon. Karen Parsons
June 2, 201610 N.M. 227
Summary
The New Mexico Supreme Court held that the General Appropriations Act’s prohibition on hourly rates for public‑defender contract counsel does not violate the Sixth Amendment or the New Mexico Constitution’s right to effective assistance of counsel, and therefore vacated the district court’s orders mandating $85‑per‑hour payments and remanded for prosecution to proceed. Justice Vigil filed a specially concurring opinion noting the systemic funding challenges but agreeing with the majority’s holding.
Holding
- Whether the flat‑fee schedule for contract counsel and the legislative prohibition on hourly rates violate the Sixth Amendment and the New Mexico Constitution’s guarantee of effective assistance of counsel. No; the General Appropriations Act’s prohibition on hourly rates does not infringe the constitutional right to effective assistance of counsel.
Docket 35,421
Cited authorities
- U.S. Const. amend. VI