Legal Opinion

State Ex Rel. Department of Human Services v. Rael

New Mexico Supreme Court

Decided March 25, 1982No. 13130PublishedCited by 26 opinions

1Opinion of the Court

OPINION

PAYNE, Justice.

This appeal presents a question of first impression in New Mexico: Is an indigent entitled to court-appointed counsel in a civil contempt proceeding brought to enforce an order of child support entered in a paternity suit? We do not consider whether an indigent is entitled to counsel in other stages of paternity and support actions or where the Department of Human Services is not acting as assignee of support rights of a welfare recipient.

The Department of Human Services originally brought suit for a determination of paternity under Section 40-5-7, N.M.S.A. 1978, and for…

2Cases cited15 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  3. Argersinger v. HamlinSupreme Court of the United States · 1972
  4. Vitek v. JonesSupreme Court of the United States · 1980
  5. Middendorf v. HenrySupreme Court of the United States · 1976

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3Cited by26 opinions

  1. Rutherford v. KatzenbergerCourt of Appeals of Maryland · 1983
  2. State Ex Rel. Taylor v. JohnsonNew Mexico Supreme Court · 1998
  3. Mead v. BatchlorMichigan Supreme Court · 1990
  4. McBride v. McBrideSupreme Court of North Carolina · 1993
  5. Rodriguez v. Eighth Judicial District Court of State of NevadaNevada Supreme Court · 2004

21 more not listed; retrieve them via the Exa API.

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