<?xml version='1.0' encoding='utf-8'?>
<section article="gcp" article_name="Criminal Procedure" number="16-208" title_number="16" title_name="Office of the Public Defender" subtitle_number="2" subtitle_name="Office of the Public Defender">
  <level label="a">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>Each attorney on the list shall be:</text>
      <level label="i">
        <text>admitted to practice law in the State; and</text>
      </level>
      <level label="ii">
        <text>placed on various panels in accordance with qualification criteria that the Public Defender sets forth, based on:</text>
        <level label="1">
          <text>the nature and complexity of the offense requiring representation;</text>
        </level>
        <level label="2">
          <text>the trial or appellate experience of the attorney; and</text>
        </level>
        <level label="3">
          <text>any other factor necessary to ensure competent representation.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except in cases in which an attorney in the Office provides representation, the district public defender, subject to the supervision of the Public Defender, shall appoint an attorney from an appropriate panel to represent an indigent individual.</text>
    </level>
    <level label="2">
      <text>Panel attorneys shall be used as much as practicable.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The primary duty of a panel attorney is to the indigent individual represented by the panel attorney with the same effect and purpose as though privately engaged by that individual and without regard to the use of public funds to provide the service.</text>
    </level>
    <level label="2">
      <text>A panel attorney shall report to the Office as the regulations of the Public Defender require.</text>
    </level>
    <level label="3">
      <text>This subsection does not preclude the designation or assignment of different individuals to perform various parts of the service.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A panel attorney shall file a petition to be compensated by the Public Defender for fees and expenses incident to representing indigent individuals, including investigation, other pretrial preparation, trial, and appeal.</text>
    </level>
    <level label="2">
      <text>The Office shall authorize payment of fees and expenses according to schedules prepared under § 16–207(b)(2) of this subtitle and from funds appropriated by the State budget.</text>
    </level>
    <level label="3">
      <text>A panel attorney may not receive a fee for services in addition to that provided in accordance with this title.</text>
    </level>
    <level label="4">
      <text>To be compensated for fees or expenses that the Public Defender disapproves or that exceed those authorized for payment, a panel attorney may seek a review by a regional advisory board.</text>
    </level>
    <level label="5">
      <text>All fees and expenses paid to panel attorneys, including any authorized by a regional advisory board, shall be paid out of funds appropriated by the State budget.</text>
    </level>
  </level>
  <level label="e">
    <text>The Office may provide staff and technical assistance to a panel attorney appointed to represent an indigent individual.</text>
  </level>
</section>
