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

Cited by

Liane E. Kerr, Esquire, Petitioner-Pro Se v. Hon. Karen Parsons (New Mexico 2016) | LawDiver