Section 7-6-101 – Short Title.
7-6-101. Short title. This act shall be known and may be cited as the “Public Defender Act”.
Section 7-6-102 – Definitions.
7-6-102. Definitions. (a) As used in this act: (i) Repealed by Laws 1989, ch. 121, § 2. (ii) Repealed by Laws 1989, ch. 121, § 2. (iii) “Expenses”, when used with reference to representation under this act, include the expenses of investigation, other preparation and trial; (iv) “Needy person” means a person who at the […]
Section 7-6-103 – Creation of Office of State Public Defender; Appointment of State Public Defender and Assistants; Duties; Removal.
7-6-103. Creation of office of state public defender; appointment of state public defender and assistants; duties; removal. (a) There is created the office of the state public defender. The office of the state public defender shall be deemed a state agency for budgeting purposes pursuant to W.S.9-2-1001.1 through 9-2-1014.2. (b) The state public defender shall […]
Section 7-6-104 – Representation of Needy Persons.
7-6-104. Representation of needy persons. (a) The public defender shall represent as counsel any needy person who is under arrest for or formally charged with having committed a serious crime if: (i) The defendant requests counsel; or (ii) The court, on its own motion or otherwise, orders appointment of counsel and the defendant does not […]
Section 7-6-105 – Advisement of Rights; Appointment of Attorney.
7-6-105. Advisement of rights; appointment of attorney. (a) A needy person who is being interrogated by law enforcement personnel for a serious crime, or who is a probationer or parolee, shall be informed of his right to be represented by an attorney at public expense. If the person being interrogated does not have an attorney […]
Section 7-6-106 – Determination of Need; Reimbursement for Services.
7-6-106. Determination of need; reimbursement for services. (a) The determination of whether a person covered by W.S. 7-6-104 is a needy person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under W.S. 7-6-108, whichever occurs earlier. Thereafter, the court shall determine, with respect to each proceeding, […]
Section 7-6-107 – Waiver of Rights.
7-6-107. Waiver of rights. A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by this act if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the consequences of a waiver and if […]
Section 7-6-108 – Recovery of Payment.
7-6-108. Recovery of payment. (a) Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or other benefits under this act or, in the case of an unemancipated minor, from his […]
Section 7-6-109 – Appointment of Outside Attorney.
7-6-109. Appointment of outside attorney. (a) Nothing in this act shall prevent a court on its own motion or upon application by the state public defender or by the individual defendant, from appointing an attorney other than the public defender to represent the defendant or to assist in the representation of the defendant at any […]
Section 7-6-110 – Use of State or Private Facilities.
7-6-110. Use of state or private facilities. (a) The public defender or an appointed defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the prosecuting attorney. If it appears the use of state facilities is unavailable or inappropriate, the court may authorize the use of […]
Section 7-6-111 – Office Space.
7-6-111. Office space. The county commissioners of each county shall provide suitable office space and utility services, other than telephone service, for the use of the state public defender and his assistants. If suitable office space for all assistant public defenders cannot be provided, the county commissioners shall provide a monthly stipend to all assistants […]
Section 7-6-112 – Applicability of Provisions.
7-6-112. Applicability of provisions. (a) This act does not apply to: (i) Matters arising out of an action pending in the juvenile courts of this state unless it is in a juvenile delinquency proceeding or a child in need of supervision proceeding; (ii) Representation of an individual in proceedings for hospitalization of mentally ill persons […]
Section 7-6-113 – Funding.
7-6-113. Funding. (a) The total state and federal funding of the public defender program shall be eighty-five percent (85%) of the state public defender budget. (b) Each county shall appropriate funds to supplement the state public defender budget in accordance with an equitable formula determined by the state public defender and the state budget department […]
Section 7-6-114 – Other Legal Protections or Sanctions.
7-6-114. Other legal protections or sanctions. The protections provided by this act do not exclude any protection or sanction that the law otherwise provides.