The New Mexico Supreme Court halted a death penalty case against 2 prison inmates charged with killing a guard during a 1999 riot because the defense has received insufficient funding to proceed. “Defense counsels’ compensation is inadequate under the facts of this case, violating defendants’ Sixth Amendment right to effective assistance of counsel,” the court said in a unanimous ruling. The court held that an additional $200,000 must be appropriated by the legislature before the case can move ahead.

Contracts with the defense team expired in November 2003, and the attorneys have not been paid since then although they have continued to work on the case. The attorney general’s office said enough funding has been allocated to cover the costs of attorneys contracted to represent the defendants, but the defense team argues that the state has provided only half the funds needed to adequately represent their clients. In light of the funding shortage, they have asked the New Mexico Supreme Court to allow them to withdraw from the case, order the state to pay them more, or dismiss the death penalty charge against their clients.

A spokesman for Governor Bill Richardson said the governor’s office must review the court’s ruling before deciding whether to seek additional funds for the case. The administration would need to request the additional funds from the Legislature, which convenes in January 2008 for a 30-day session.
(Las Cruces Sun-News, October 26, 2007). See Costs and Representation.