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STATE EX REL. QUINTANA v. SCHNEDAR

No. 21256.

855 P.2d 562 (1993)

115 N.M. 573

STATE of New Mexico, ex rel., Sammy J. QUINTANA, Chief Public Defender, and Rebecca Reese, District Public Defender for the Fifth Judicial District, Petitioners, v. The Hon. William J. SCHNEDAR, District Judge for the Fifth Judicial District, and the Hon. Billy v. Carpenter, Magistrate Judge for Chaves County, Respondents.

Supreme Court of New Mexico.

June 23, 1993.

Attorney(s) appearing for the Case

Rebecca Reese, Dist. Public Defender, Carlsbad and Thomas E. Dow, Asst. Public Defender, Roswell, for petitioners.

Tom Udall, Atty. Gen. and Mary Catherine McCulloch, Asst. Atty. Gen., Santa Fe, for respondents.

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...

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