State Ex Rel. Quintana v. Schnedar

OPINION

FROST, Justice.

This original proceeding requires us to determine whether New Mexico district and magistrate courts have the statutory power to order the New Mexico Public Defender Department (“Department”) to represent a particular “indigent” defendant when the Department decides that a particular defendant is not indigent and therefore not entitled to its legal services. Defendant Javier Gurrola was arrested and detained on drug charges. The Department did not designate an attorney to represent the defendant because, according to the Department, he was not eligible for indigent…