9-403A. Conditional order of appointment. [Sections 34-6-46, 34-8A-11 and 35-5-8 NMSA 1978] STATE OF NEW MEXICO COUNTY OF ___________________ __________________ COURT STATE OF NEW MEXICO COUNTY OF ___________________ v. No.______________ ____________________________________, Defendant. CONDITIONAL ORDER OF APPOINTMENT This matter having come before the court, the court finds: (please check appropriate box or boxes) THE COURT FINDS THAT: [] the defendant is incarcerated. [] the defendant is not incarcerated. THE COURT FURTHER FINDS THAT the defendant is unable to obtain counsel and desires representation by the Public Defender Department. IT IS THEREFORE ORDERED THAT the defendant shall make application to the Public Defender Department for representation within ______ days of the issuance of this Order. If the defendant is determined not to be indigent under the Department's indigency guidelines as approved by the New Mexico Supreme Court, the defendant shall execute a contract to reimburse the State of New Mexico for legal representation and related expenses in the amount determined in accordance with the Department's guidelines. IT IS FURTHER ORDERED THAT the Public Defender Department is hereby appointed to represent the defendant in the above-entitled cause contingent upon the defendant making application to the Department for representation as set forth herein. IT IS FURTHER ORDERED THAT: [] the application fee is waived. [] the application fee is not waived. American LegalNet, Inc. www.FormsWorkFlow.com ____________________________________ (Magistrate Judge) (Metropolitan Judge) (District Judge) CERTIFICATE OF MAILING I certify that I mailed a copy of this order to the above-named defendant at ________________________ (set forth address), and to the public defender on the ____________ day of __________________ , ________ . ____________________________________ (Judge ) (Clerk) ____________________________________ Date [Adopted, effective July 1, 1988; as amended, effective January 1, 1996; as amended by Supreme Court Order No. 12-8300-028, effective for all cases filed on or after January 7, 2013.] Committee commentary. - Form 9-403A was amended in 2012 to clarify that the Public Defender Department (the Department) cannot be appointed without the defendant completing the indigency application required by the Department. If not otherwise specified in the Order, the Defendant should submit the application to the Department within twenty-five (25) days from date the Conditional Order of Appointment is filed. If the Defendant fails to comply with the Order, the district court may issue an Order to Show cause and initiate contempt proceedings. [As adopted by Supreme Court Order No. 12-8300-028, effective for all cases filed on or after January 7, 2013.] American LegalNet, Inc. www.FormsWorkFlow.com