Title 13, Title 13: Crimes and Criminal Procedure

§ 5205. Court assigned attorneys (a) The Supreme Court shall prescribe reasonable rates of compensation for the services of attorneys, assigned under sections 5272 or 5274 of this title, who have not entered into a contract with the Defender General to provide assigned counsel se…

§ 5206. Appointment of counsel by court; use of uncounseled convictions (a) Prior to any decision regarding the appointment of counsel under the provisions of subdivisions 5201(4)(B) and (5) of this title, the judge shall inquire of the prosecutor whether a term of imprisonment o…

§ 5231. Right to representation, services, and facilities (a) A needy person who is being detained by a law enforcement officer without charge or judicial process, or who is charged with having committed or is being detained under a conviction of a serious crime, is entitled: (1)…

§ 5232. Particular proceedings Counsel shall be assigned under section 5231 of this title to represent needy persons in any of the following: (1) extradition proceedings; (2) habeas corpus and other proceedings wherein the person is confined in a penal or mental institution in th…

§ 5233. Extent of services (a) A needy person who is entitled to be represented by an attorney under section 5231 of this title is entitled: (1) to be counseled and defended at all stages of the matter beginning with the earliest time when a person providing the person’s own coun…

§ 5234. Notice of rights; representation provided (a) If a person who is being detained by a law enforcement officer without charge or judicial process, or who is charged with having committed or is being detained under a conviction of a serious crime, is not represented by an at…

§ 5235. Notice to public defender If a law enforcement officer, magistrate, or court determines that a person is entitled to be represented by an attorney at public expense, the officer, magistrate, or court, as the case may be, shall promptly notify the appropriate public defend…

§ 5236. Determination of financial need (a) The determination whether a person covered by sections 5231-5234 of this title is a needy person shall be deferred until his or her first appearance in court or in a suit for payment or reimbursement under section 5255 of this title, wh…

§ 5237. Waiver A person who has been appropriately informed under section 5234 of this title may waive in writing, or by other record, any right provided by this chapter, if the court, at the time of or after waiver, finds of record that he has acted with full awareness of his ri…

§ 5238. Co-payment and reimbursement orders (a) On or before June 1 of each year, the Defender General shall calculate an average direct cost per case of representation extended in the preceding calendar year by category of case. The categories of cases for which calculations are…

§ 5239. Public Defender Special Fund (a) The Public Defender Special Fund is hereby created. All co-payments, reimbursements, and assignment fees paid by persons receiving representation under this chapter, as well as all amounts recovered pursuant to section 5255 of this title a…

§ 5240. Collection of reimbursements (a) If persons receiving representation under this chapter fail to make reimbursement on the date specified in the court order, the Court Administrator shall refer the uncollected reimbursement orders to the Commissioner of Taxes, and the Comm…

§ 5241. Ineffective assistance claim (a) No action shall be brought for professional negligence against a criminal defense attorney under contract with or providing ad hoc legal services for the Office of the Defender General unless the plaintiff has first successfully prevailed …

§ 5251. Creation of office The Office of Defender General is established. The Office shall consist of the Defender General who shall be the head of the Office, a Deputy Defender General, if one is appointed in accordance with subsection 5253(e) of this title, and such public defe…

§ 5252. Appointment; compensation (a) The Defender General shall be appointed by the Governor subject to the advice and consent of the Senate. (b) There shall be included in the qualifications for appointment that the Defender General shall be an attorney-at-law who has been enga…

§ 5253. Powers and duties (a) The Defender General has the primary responsibility for providing needy persons with legal services under this chapter. He or she shall have also the duty of providing legal services to those persons in the custody of the Commissioner of Corrections.…

§ 5254. Personnel designation and expenditures (a) The Defender General, Deputy Defender General, public defenders, and deputy public defenders shall be exempt from the classified State service. (b) Clerical and office staff in the Office of the Defender General and in all local …

§ 5255. Recovery from defendant (a) The Defender General or Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person who has received legal assistance or other benefit under this chapter: (1) To which the person was not entitled; (2) With respect …

§ 5256. Reports The Defender General shall submit an annual report of his or her activities to the House and Senate Committees on Judiciary showing the number of persons represented under this chapter, the crimes involved, the outcome of each case, and the expenditures totaled by…

§ 5257. Expenses The Defender General shall be reimbursed for all reasonable expenses, including mileage and other travel expense, lodging, and subsistence, incurred in carrying out his or her responsibilities under this chapter. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date,…

§ 5258. Audit (a) In the 1995 audit and thereafter as appropriate, the auditor of accounts shall conduct an audit of the assignment of counsel to needy persons under section 5231 of this title, determination of financial need under section 5236 of this title, co-payment and reimb…

§ 5259. Duty to investigate (a) The Defender General shall investigate issues related to the health, safety, and welfare of inmates in correctional facilities and shall receive the cooperation of all State agencies in carrying out this duty. Issues that require an investigation b…

§ 5271. Offices established The Defender General may establish public defender offices to carry out his or her responsibilities under this chapter. Each public defender office shall be headed by a public defender selected by the Defender General within the limits of funds and sta…

§ 5272. Appointment; co-counsel; compensation Upon notification under section 5234 of this title or upon request by the person concerned, a public defender shall represent the person with respect to whom the notification is made. If the public defender assigned to the court’s jur…

§ 5273. Qualifications (a) The Deputy Defender General and a public defender must be licensed to practice law in this State and otherwise competent to counsel and defend a person charged with crime. (b) The Deputy Defender General and a public defender may not otherwise engage in…

§ 5274. Replacement At any stage, including appeal or other post-conviction proceedings, the Defender General or the court for good cause may assign a replacement attorney. The replacement attorney has the same functions with respect to the needy person as the attorney whom he or…

§ 5275. Additional fees forbidden A person who represents a needy person under this chapter may not receive any fee for his or her services in addition to that provided under this chapter. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)

§ 5276. Reports An attorney who is assigned by a court to represent a needy person under section 5272 or 5274 of this title shall report to the Defender General on his or her representation of the needy person, as prescribed by the Defender General. (Added 1971, No. 161 (Adj. Ses…

§ 5277. Use of State facilities An attorney representing a person under this chapter is entitled to use any State technical services and facilities for the development or evaluation of evidence that are available to the prosecutor. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. dat…