Criminal Procedure (GCP) — Title 16. Office of the Public Defender

misconduct in office;

persistent failure to perform the duties of the Office; or

conduct prejudicial to the proper administration of justice.

a deputy public defender who is in the executive service of the State Personnel Management System; and

one district public defender for each district of the District Court, each of whom is in the management service of the State Personnel Management System.

assist the Public Defender to perform the duties of the Office; and

subject to the supervision of the Public Defender, be in charge of the public defender offices in the district for which the district public defender is appointed.

a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense;

a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge;

a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article;

any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result;

a proceeding involving children in need of assistance under § 3–813 of the Courts Article;

a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including:

an assisted outpatient treatment proceeding under Title 10, Subtitle 6A of the Health – General Article.

Except as provided in subparagraph (ii) of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph (1) of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal.

Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner.

reduce and discourage the commission of crime;

rehabilitate and correct individuals charged and convicted of crime;

administer criminal justice; and

administer and conduct the Office; and

the level and quality of the work at least equal that of the Office; and

the Public Defender supervise and control all services rendered.

admitted to practice law in the State; and

placed on various panels in accordance with qualification criteria that the Public Defender sets forth, based on:

the nature, extent, and liquidity of assets;

the disposable net income of the applicant;

the nature of the offense;

the length and complexity of the proceedings;

the effort and skill required to gather pertinent information; and

any other foreseeable expense.

the Office shall inform the applicant; and

the applicant shall be required to engage the applicant’s own attorney and reimburse the Office for the cost of the representation provided.

For the purpose of an initial appearance proceeding or bail review, a District Court commissioner shall make a preliminary determination as to whether an individual qualifies as indigent.

An indigent individual shall be represented by the Office if the initial appearance or bail review is before a judge.

Representation at the initial appearance shall terminate at the conclusion of the proceeding, unless the commissioner has made a final determination that the individual qualifies as indigent and the Office has entered a general appearance.

make a final determination as to whether an individual is:

determine that the individual’s financial status is subject to further verification.

require an applicant to execute and deliver written requests or authorizations that are necessary under law to provide the commissioner with access to confidential records of public or private sources that are needed to evaluate eligibility; and

on request, obtain information without charge from a public record office or other unit of the State, county, or municipal corporation.

A District Court commissioner may submit requests to the Maryland Department of Labor and the Comptroller for information regarding the employment status and income of applicants.

Each request shall be accompanied by an authorization for release of information that is:

The Maryland Department of Labor and the Comptroller shall comply with requests for information made by a District Court commissioner under this paragraph.

Requests and responsive information may be exchanged by facsimile transmission.

by a single payment or in installments; and

in the amount that the indigent individual can reasonably be expected to pay.

affirmatively finds that the defendant cannot make the reimbursement; and

waives the term or condition.

appear;

be represented by an attorney;

present evidence; and

examine witnesses.

constitute a lien on the indigent individual’s property for 10 years from the date of filing or docketing unless the lien is discharged sooner; and

have the force and effect of a judgment at law.

The clerks of the circuit courts and the District Court shall provide separate books to record liens under this section.

The books shall be properly indexed in the name of the debtor.

The Public Defender may not be required to pay filing or recording fees.

have significant experience in criminal defense or other matters relevant to the work of the Board of Trustees; or

have demonstrated a strong commitment to quality representation of indigent defendants, including juvenile respondents.

a current member or employee of:

a judge of a circuit court;

a judge of the District Court; or

an active attorney admitted to practice before the Supreme Court of Maryland.

on notice by the chair;

on notice by the Public Defender;

on notice by the district public defender from a district represented by that regional advisory board; or

at the request of at least three members of the regional advisory board.