State v. Maestas

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.