State v. Maestas

Docket number
S-1-SC-39901
Date

District court judge held a public defender in direct criminal contempt of court after the attorney refused to proceed to trial without a witness he believed to be key to his client’s defense. The attorney challenged the decision by arguing that contempt fines could not be made payable to a third party. Held that only fees collected, not fines imposed, by the judicial department are subject to the limitations of Article VI, Section 30 of the New Mexico Constitution and a punitive contempt fee payable to a third party did not violate the provision.

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