No attorney assigned or contracted with to perform services under the Indigent Defense Act [31-16-1 NMSA 1978] shall be held liable in any civil action respecting his performance or nonperformance of such services.

History: 1953 Comp., § 41-22-10, enacted by Laws 1968, ch. 69, § 67.

Immunity extends to those under contract to public defender. — The Public Defender Act (31-15-1 to 31-15-12) does not contain any language about immunity or lack of immunity, but reading the Public Defender Act and the Judgment Defense Act in pari materia, the legislature intended the immunity granted in this section to attorneys appointed under the Indigent Defense Act to apply also to those appointed because they are under contract to the public defender. Herrera v. Sedillo, 1987-NMCA-098, 106 N.M. 206, 740 P.2d 1190.

Immunity not violation of equal protection. — Public defenders, whether regular employees of the public defender's office or performing as contractors, are immune from malpractice claims, and statutes providing such immunity did not violate the equal protection rights of a former prisoner. Coyazo v. State, 1995-NMCA-056, 120 N.M. 47, 897 P.2d 234.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Incompetency, negligence, illness or the like of counsel as ground for new trial or reversal in criminal case, 24 A.L.R. 1025, 64 A.L.R. 436.

Attorney's refusal to accept appointment to defend indigent, or to proceed in such defense, as contempt, 36 A.L.R.3d 1221.

Court-appointed attorney as subject to liability under 42 U.S.C.S. § 1983, 36 A.L.R. Fed. 594.