Title 14 — Subtitle 06. Office of the Public Defender

The Office of the Public Defender shall provide representation to a person cited for contempt for failure to pay court-ordered support payments under the following circumstances:

In making the determination to represent a person cited for contempt in non-support proceedings, it shall be encumbent upon the Office of the Public Defender to ascertain, before the hearing, whether the:

As used in this chapter, the following terms have the meanings indicated.

Terms Defined.

In any criminal or juvenile proceeding constitutionally requiring the presence of counsel before presentment before a commissioner or judge;

Criminal or juvenile proceedings, when the defendant is charged with a serious crime, before the District Court of Maryland, the various circuit courts within the State, and the Court of Special Appeals;

Post conviction proceedings under Criminal Procedure Article, Annotated Code of Maryland, when the defendant has a right to counsel pursuant to Criminal Procedure Article, §7-108;

Any other proceeding when possible incarceration pursuant to a judicial commitment of individuals in institutions of a public or private nature may result;

An eligible party to a Child in Need of Assistance (CINA) proceeding who is entitled to the assistance of counsel as defined in Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland.

When the office determines that an applicant for legal services is, in fact, an indigent and qualified for legal services under the Act, the Office may assign the applicant to a panel attorney. The Public Defender may relieve a panel attorney and substitute a new panel attorney. A panel attorney may not circumvent reassignment by entering a notice of appearance as private counsel.

Primary Duty of Panel Attorneys. The primary duty of all panel attorneys appointed by the Office shall be to the individual defendant, with like effect and to the same purpose as though privately engaged by the indigent person and without regard to the use of public funds to provide the service (Article 27A, §6(c)).

Privileged Communication. All communications between the individual defendant and any person in or engaged by the Office shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel had been privately engaged. This does not preclude the use by the Office of material in the defendant's files, otherwise privileged, for the preparation and disclosure of statistical, case study, and other sociological data, provided always that in this use there shall be no disclosure of the identity of particular defendants.

Each district public defender, subject to the authority and supervision of the Public Defender, shall maintain a confidential list of private attorneys who are eligible to provide legal representation under Article 27A, Annotated Code of Maryland. The qualification criteria for the panel attorneys shall be set forth by the Public Defender.

Hourly Rate. As the annual budget permits, panel attorneys will be compensated at the same hourly rate at which federal panel attorneys are compensated for indigent criminal defense representation, effective July 1, 2007. For cases assigned on or after July 1, 2006 and before July 1, 2007, panel attorneys will be compensated at an hourly rate of $90 per hour. For cases assigned on or after July 1, 2005, and before July 1, 2006, panel attorneys will be compensated at an hourly rate of $75 per hour. For cases assigned on or after January 1, 2005 and before July 1, 2005, panel attorneys will be compensated at an hourly rate of $50 per hour. Services performed, time spent, and compensation requested shall be detailed on petition forms supplied by the Office and certified under oath by the panel attorney.

Maximum Allowable Fees.

Interim Fee Schedule.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

The following regulations are established for the operation and administration of the office for the determination of eligibility for public defender services under the Public Defender Statute, Criminal Procedure Article, §§16-207 and 16-210, Annotated Code of Maryland, and Office of the Public Defender v. State, 413 Md. 411 (2010).

The regulations also seek to ensure that eligibility is determined in a manner consistent with the obligation of the office to render effective assistance of counsel.

In this chapter, the following document is incorporated by reference.

Document Incorporated. Section 673(2) of Omnibus Budget Reconciliation Act (OBRA) of 1981 (Pub. L. 97-35) (42 U.S.C. §9902(2)).

In any criminal or juvenile proceeding constitutionally requiring the presence of counsel before presentment before a commissioner or judge;

Juvenile proceedings or criminal proceedings when the applicant is charged with a serious crime, before the District Court of Maryland, the various circuit courts within the State, and the Court of Special Appeals;

Post-conviction proceedings under Criminal Procedure Article, Annotated Code of Maryland, when the defendant has a right to counsel pursuant to Criminal Procedure Article, §7-108, Annotated Code of Maryland;

Any other proceeding when possible incarceration pursuant to a judicial commitment of individuals in institutions of a public or private nature may result;

An involuntary termination of parental rights proceeding or a hearing under Family Law Article, §5-319, Annotated Code of Maryland, if the party is entitled to public defender representation under Family Law Article, §5-323, Annotated Code of Maryland.

Pursuant to Criminal Procedure Article, §§16-207 and 16-210, Annotated Code of Maryland, and Office of the Public Defender v. State, 413 Md. 411 (2010), eligibility for services of the Office of the Public Defender shall be determined on the basis of need of the individual seeking legal representation. Need shall be measured by the financial ability of the applicant to engage and compensate competent private counsel and to provide all other necessary expenses of representation without undue financial hardship. This ability shall be recognized to be a variable depending on:

Persons seeking the services of the Office of the Public Defender shall fully disclose, under oath or affirmation, all financial assets, income, living expenses, and liabilities by completing an Application for Representation form which shall be supplied by the Office at a confidential eligibility interview.

Following such full disclosure by the applicant, the Office shall check financial information so disclosed against information obtained by the Office from the Maryland Department of Labor (MDL), and may follow up with MDL as the Office in its sole discretion may deem appropriate. The information made available by MDL shall be the most reliable means for corroborating financial information supplied by the applicant, and no further corroboration is therefore required. However, in addition, the Office may in its sole discretion, but is not required to, undertake any additional investigation it deems appropriate, in connection with which it may request supporting documentation from an applicant. The applicant’s failure to provide some or all of any such documentation shall not necessitate a finding that the applicant is ineligible.

In conformity with the decision of the Court of Special Appeals in Baldwin v. State, 51 Md. App. 538, 444 A.2d 1058 (1982), the following guidelines presumptively apply in the determination of eligibility:

Pursuant to Criminal Procedure Article, §16-210 et seq., Annotated Code of Maryland, if a determination of eligibility cannot be made before the time when the first services are to be rendered, the Office may undertake representation of an indigent person provisionally. If it should subsequently be determined that the defendant is ineligible, the Office will so inform the defendant, and the defendant shall then be obligated to engage the defendant’s own counsel.

If after appointment to represent the client the attorney discovers that the client has secreted assets or falsified information regarding his true financial status, the attorney should promptly advise the district public defender or division chief. The district public defender or division chief shall make further investigation of the financial status of the client, in connection with which the Office may request that the client provide further documentation. After such investigation, the district public defender or division chief shall advise the attorney regarding continued appearance in the case and as to any other appropriate action.

Income Level.

In the event a determination of eligibility cannot be made before the time when the first services are to be rendered and services are provisionally rendered pursuant to COMAR 14.06.03.05E, and it is subsequently determined that the person is ineligible pursuant to such section, the person shall be obligated to reimburse the Office for the cost of the services rendered to that time.

The attorney shall review with the client any change in the client's circumstances which would affect the client's financial ability to reimburse the State for services rendered by the office before the final disposition of the case. The attorney shall be prepared to present those circumstances for consideration by the judge at sentencing in conjunction with the Court's determination of the ability of the client to make reimbursements for the services rendered by the office in accordance with Article 27A, §7(g) and (h), Annotated Code of Maryland.

An applicant shall submit to a confidential eligibility interview at least 10 working days before any service is required to be rendered.

An applicant applying for services more than 10 working days, but less than 16 working days, before any service is required to be rendered, will be interviewed and have eligibility determined at the time of the interview.

An applicant applying for services more than 16 working days before the service is required to be rendered may: