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 […]
Section 16-204 – Representation of Indigent Individual
(a) Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys. (b) (1) Indigent defendants or parties shall be provided representation under this title in: (i) a criminal or […]
Section 16-205 – Termination of Representation
Representation of an indigent individual by the Office or by a panel attorney shall continue until the final disposition of the case or until the assigned attorney is relieved by the Public Defender or order of the court in which the case is pending.
Section 16-206 – Representation in Federal Court
(a) This title does not prohibit the Office from representing an indigent individual in federal court at federal expense if the matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the State. (b) Compensation paid by the federal court to the Public Defender, the deputy […]