New Mexico Statutes 32A-1-7.1. Child’s attorney; powers and duties
A. An attorney shall represent a child in a proceeding for which the attorney has been retained or appointed. The attorney shall provide the same manner of legal representation and be bound by the same duties to the child as is due an adult client, in accordance with the rules of professional conduct.
Terms Used In New Mexico Statutes 32A-1-7.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
B. Unless excused by a court, an attorney appointed to represent a child shall represent the child in any subsequent appeals.
C. An attorney representing a child in a proceeding pursuant to the Abuse and Neglect Act [N.M. Stat. Ann. Chapter 32A, Article 4] may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children’s court. When a child’s attorney retains separate counsel to represent the child, the attorney shall provide the court with written notice within ten days of retaining the separate counsel. The child’s attorney shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children’s court.