Section 16-207 – Duties and Powers of Public Defender
(a) The primary duty of the Public Defender is to provide representation for indigent individuals in accordance with this title. (b) The Public Defender shall: (1) be responsible generally for the operation of the Office and all district offices; (2) prepare schedules of professional fees and expenses for panel attorneys and other professional and technical services rendered to indigent […]
Section 16-208 – Panel Attorneys
(a) (1) Subject to the authority and supervision of the Public Defender, each district public defender shall maintain a confidential list of private attorneys available to be appointed as attorneys for indigent individuals eligible for representation under this title. (2) Each attorney on the list shall be: (i) admitted to practice law in the State; and (ii) placed on various […]
Section 16-209 – Privileged Communications
(a) Communications between an indigent individual and an individual in the Office or engaged by the Public Defender are protected by the attorney–client privilege to the same extent as though an attorney had been privately engaged. (b) (1) Subject to paragraph (2) of this subsection, this section does not preclude the Public Defender from using material in the […]
Section 16-210 – Eligibility for Services
(a) An individual may apply for services of the Office as an indigent individual, if the individual states in writing under oath or affirmation that the individual, without undue financial hardship, cannot provide the full payment of an attorney and all other necessary expenses of representation in proceedings listed under § 16–204(b) of this subtitle. (b) For […]
Section 16-211 – Reimbursement for Services
(a) (1) If it appears that an indigent individual has or reasonably expects to have means to meet some of the expenses for services rendered, the indigent individual shall reimburse the Office: (i) by a single payment or in installments; and (ii) in the amount that the indigent individual can reasonably be expected to pay. (2) A default or failure […]
Section 16-212 – Liens
(a) The reasonable value of the services rendered to an indigent individual in accordance with this title is a lien on real or personal property in which the indigent individual has or acquires an interest, except for the residence of the indigent individual. (b) To perfect the lien, the Public Defender shall submit to the court having […]
Section 16-213 – Effect of Subtitle
This subtitle does not prohibit the appointment of an attorney, other than through the Office, to represent an indigent individual by the District Court, a circuit court, or the Court of Special Appeals if: (1) there is a conflict in legal representation in a matter involving multiple defendants, and one of the defendants is represented by […]
Section 16-201 – Policy of State
It is the policy of the State to: (1) provide for the realization of the constitutional guarantees of counsel in the representation of indigent individuals, including related necessary services and facilities, in criminal and juvenile proceedings in the State; (2) assure the effective assistance and continuity of counsel to indigent accused individuals taken into custody and indigent […]
Section 16-202 – Office of the Public Defender Established
There is an Office of the Public Defender in the Executive Branch of State government.
Section 16-203 – Office Personnel
(a) (1) The head of the Office is the Public Defender. (2) The Public Defender shall be appointed by the Board of Trustees. (3) By a vote of at least seven members, the Board of Trustees may remove the Public Defender for: (i) misconduct in office; (ii) persistent failure to perform the duties of the Office; or (iii) conduct prejudicial to the […]