604-A:1 Representation of Defendants. – The purpose of this chapter is to provide adequate representation for indigent defendants in criminal cases, as a precondition of imprisonment, and indigent juveniles charged with being delinquent in any court of this state. Representation of juveniles shall include all court ordered representation and shall be paid from funds […]
604-A:1-a Neglected or Abused Children. – In cases involving a neglected or abused child, when a guardian ad litem is appointed for the child as provided in RSA 169-C:10, the cost of such appointment shall be paid from funds appropriated for indigent defense pursuant to this chapter. In cases involving a neglected or abused […]
604-A:1-b Additional Funding. – In the event that expenditures for indigent defense by the judicial council are greater than amounts appropriated in the operating budget, the judicial council may request, with prior approval of the fiscal committee of the general court, that the governor and council authorize additional funding. For funds requested and approved, […]
604-A:1-c Additional Funding From State Departments and Agencies. – I. Every state department, board, institution, commission, or agency which receives general fund grants or supplemental appropriations outside of the state biennial operating budget for the purpose of conducting law enforcement activities that may result in increased costs for indigent defense as determined by the […]
604-A:10 Rulemaking; Records Required; Judicial Council; Commissioner of Administrative Services. – I. The judicial council shall keep records of the notification of eligibility and assignment of counsel as submitted by the courts of the state pursuant to supreme court order 81-5A and subsequent related orders. In addition to any other use the judicial council […]
604-A:2 Appointment of Counsel. – I. In every criminal case in which the defendant is charged with a felony or a class A misdemeanor and appears without counsel, the court before which he or she appears shall advise the defendant that he or she has a right to be represented by counsel and that […]
604-A:2-a Additional Inquiry. – Whenever a court appoints counsel pursuant to the provisions of RSA 604-A:2, the court shall conduct an appropriate inquiry as to whether any person who, pursuant to RSA 546-A:2, is liable for the support of the defendant is financially able to pay for such defendant’s counsel. If the court determines […]
604-A:2-b Contract Attorneys. – The state of New Hampshire, by the judicial council and with the approval of governor and council, may, within the limits of available appropriations, contract with any qualified attorney in the state to provide for the representation of indigents in circumstances where, pursuant to RSA 604-B, the public defender program […]
604-A:2-c Determination of Financial Ability. – The determination of a defendant’s financial ability to obtain counsel shall be made by comparing the defendant’s assets and incomes with the minimum cost of obtaining qualified private counsel. The defendant’s assets shall include all real and personal property owned in any manner by the defendant, excluding only […]
604-A:2-d Partial Liability. – If the commissioner of administrative services determines, in accordance with the standards set forth in RSA 604-A:2-c, that a defendant is able to pay some, but not all of the expenses of obtaining private counsel, the court shall appoint counsel and shall require the defendant to pay a fixed contribution […]
604-A:2-e Counsel in Juvenile Delinquency Cases. – Courts assigning counsel in RSA 169-B proceedings shall do so in accordance with standards adopted by the judicial council. Source. 2014, 215:25, eff. July 1, 2015.
604-A:2-f Appointment of Counsel for Nonpayment or Nonperformance. – I. No defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing. […]
604-A:3 Duration and Substitution of Appointments. – A defendant for whom counsel is appointed shall be represented by counsel from his initial appearance before the court at every stage of the proceedings until the entry of final judgment. If at any time after the appointment of counsel the defendant is financially able to obtain […]
604-A:4 Compensation of Counsel. – Subject to the provisions of RSA 604-A:6, counsel appointed pursuant to this chapter to represent the defendant, at the conclusion of the representation or any segment thereof, shall be reasonably compensated therefor and shall be reimbursed for expenses reasonably incurred. A separate claim for compensation and reimbursement shall be […]
604-A:5 Repealed by 2015, 114:5, eff. Aug. 7, 2015. –
604-A:6 Services Other Than Counsel. – In any criminal case in which counsel has been appointed to represent a defendant who is financially unable to obtain investigative, expert or other services necessary to an adequate defense in his case, counsel may apply therefor to the court, and, upon finding that such services are necessary […]
604-A:6-a Contract Services. – The state of New Hampshire, by the judicial council and with the approval of governor and council, may, within the limits of appropriations, contract with qualified firms or individuals in the state to provide stenographic and clerical services where, pursuant to RSA 604-A:6, the defendant has been found to be […]
604-A:7 Rules and Regulations. – The supreme court, superior court, district court, and judicial branch family division shall each have the authority to establish such rules and regulations and prescribe such forms as may be deemed necessary or advisable for the performance of their respective duties hereunder. Source. 1965, 296:1, eff. July 1, 1965. […]
604-A:8 Payment of Expenses. – I. Each claim and written statement in support thereof when approved by the court shall be forwarded to the judicial council for payment. The commissioner of administrative services may adopt rules, under RSA 541-A, in addition to the requirements of paragraph II, to carry out the provisions of this […]
604-A:9 Repayment. – I. (a) Any adult defendant or juvenile respondent who has been assigned counsel or a public defender shall be subject to an order by the court, pursuant to this section, regarding payment to the state for counsel fees and expenses paid by the state on behalf of the defendant or juvenile, […]
