Summary:

 House Bill 57 (HB 57) amends the Family Violence Protection Act to provide alleged domestic abuse victims who are indigent with the right to be provided an attorney in related domestic abuse legal matters.   

Legislation Overview:

 House Bill 57 (HB 57) amends the Family Violence Protection Act (Act) to provide alleged domestic abuse victims who are indigent the right to be provided an attorney in certain legal matters.  
An “indigent person” is defined in the bill as a person whose present income, assets, and requirements for basic life needs is unable, without undue hardship, to pay for all or part of the expenses of legal representation. 
HB 57 then enacts new sections of the Act that provide the procedures for providing legal representation to an alleged domestic abuse victim who is indigent.  First, the bill states that the victim is entitled to be represented by an attorney in all legal proceedings that fall under Chapter 40 NMSA 1978 that are related to the domestic abuse or the domestic abuser.  Chapter 40 NMSA 1978 is the Domestic Affairs section of law that includes marriage, divorce, child support and child custody.  The judge must advise the victim that the victim has the right to be represented by an attorney of the victims’ choosing, and the right to have an attorney assigned by the court if the victim cannot afford one.  
The bill requires the judge to determine whether the victim is indigent at the victims’ first appearance at court by considering factors such as income, property owned, obligations and the number and ages of the victim’s dependents.  The victim must certify in writing “or by other record” regarding the factors relating to their ability to pay for an attorney. 
The Administrative Office of the Courts (AOC) is authorized to enter into contracts with attorneys designated by the courts to represent these victims.  Contracts must be approved by the chief justice of the supreme court and payments are to be made by the supreme court or the district court that requested the contract.  
The bill further provides that attorneys who represent the victim under an AOC contract are not liable in any civil action regarding their performance or nonperformance of legal services. 
 

Current Law:

 Current law does not provide for free legal representation for alleged domestic violence victims in domestic affairs matters.