As used in this chapter, the following terms have the meanings indicated. Terms Defined. “Office” means the Office of the Public Defender, including a district office of the Public Defender. “District public defender” means: The attorney-at-law appointed by the Public Defender to be in charge of a district comprising one or more political subdivisions conforming to the geographic boundaries of the District Court districts established in Courts and Judicial Proceedings Article, §1-602, Annotated Code of Maryland; or A division chief of a Statewide division within the office designated by the Public Defender. “Federal fee maximum” has the meaning stated in §B(6) of this regulation. “Panel attorney” means any attorney licensed to practice law in Maryland and who qualifies and is eligible for appointment as counsel to an indigent person as defined by Article 27A, Annotated Code of Maryland. “Public Defender” means the head of the Office of the Public Defender. “Rate at which federal panel attorneys are compensated” means those rates of compensation for panel attorneys assigned to represent indigent federal criminal defendants, promulgated at 18 U.S.C. §3006A (Criminal Justice Act). The following regulations established for the operation and administration of the Office for the conduct of professional legal services of panel attorneys under the Public Defender Statute (Article 27A, Sec. 6, Annotated Code of Maryland). Pursuant to Article 27A, §4, Annotated Code of Maryland, the Public Defender is charged with the primary duty to provide legal representation to any indigent eligible for services under the Article, in the following proceedings: 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. At the conclusion of professional services, a panel attorney shall file a final report on forms furnished by the Office. Final petitions for fees will not be honored unless accompanied by a final report form. 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. A district public defender or division chief may allow fees in each case up to the maximum established for corresponding federal panel attorney representation effective July 1, 2007. The corresponding federal fee maximum is based on the court in which representation is provided as follows: District Court—federal misdemeanor; Circuit court—federal felony; Juvenile Court—federal felony; Court of Special Appeals—federal appeal; and Court of Appeals—federal appeal. When there is no corresponding federal fee maximum, the maximum allowable fee is based on the court in which representation is provided, effective July 1, 2007, as follows: Postconviction and mental health proceedings—$2,500 maximum; and All other cases—$1,200 maximum. Any increase in the corresponding federal compensation of panel attorneys will be effective for Office panel attorneys on July 1 immediately following the effective date of the federal increase. If there is no corresponding federal fee maximum, the maximum will increase by the same percentage as any increase to the maximum for circuit court cases. Interim Fee Schedule. As the budget permits, for cases assigned on or after July 1, 2006, and before July 1, 2007, a district public defender or division chief may allow panel attorney fees up to the limit of the following maximums based on the court in which representation is provided as follows: District Court—$1,500 maximum; Circuit court—$5,200 maximum; Juvenile Court—$5,200 maximum; Postconviction and mental health proceedings—$1,500 maximum; Court of Special Appeals—$3,700 maximum; Court of Appeals—$3,700 maximum; and All other cases—$1,200 maximum. As the budget permits, for cases assigned on or after January 1, 2005 and before July 1, 2006, a district public defender or division chief may allow panel attorney fees up to the limit of the following maximums based on the court in which representation is provided as follows: District Court—$750 maximum; Circuit court—$3,000 maximum; Juvenile Court—$3,000 maximum; Postconviction and mental health proceedings—$750 maximum; Court of Special Appeals—$2,500 maximum; Court of Appeals—$2,500 maximum; and All other cases—$500 maximum. Except for unusual or extenuating circumstances causing a delay in submission, each petition and final report shall be forwarded to the district public defender within 60 days of the final court event for the case. Unwarranted delays may cause the petition to be denied. All petitions for fees and expenses are subject to review and approval by the district public defender. District public defenders are authorized to allow fees up to the maximum fee schedule and, in addition, may recommend a fee in excess of the maximum to the Public Defender. The Public Defender will approve fees and expenses as the Public Defender deems reasonable and as necessitated by budget limitations. Pursuant to Article 27A, §§6(d) and 10(c), Annotated Code of Maryland, any panel attorney seeking compensation for legal fees or expenses disapproved by the Public Defender or in excess of those authorized for payment may seek the review of his or her petition by the district advisory board. When this review is sought, the panel attorney shall notify the district public defender who will schedule a review with the board. The decision of the district advisory board is advisory. Pursuant to Article 27A, §6(d), Annotated Code of Maryland, a panel attorney may not accept any fee, gratuity, or other valuable consideration from the accused, his family, or his friends. If such an offer is made, the information should be promptly communicated to the district public defender for appropriate action. Before the appointment of a panel attorney to represent an accused, a determination of indigency was made by the Office. After appointment, if a panel attorney discovers that an accused has secreted assets or falsified information regarding his true financial status, the panel attorney should promptly advise the district public defender. The district public defender will make further investigation of the financial status of the accused and, thereafter, advise the panel attorney regarding his continued appearance in the case and as to any other appropriate action. Implementation of this chapter is contingent upon availability of funds in accordance with State Finance and Procurement Article, §§7-234 and 7-235, Annotated Code of Maryland. Article 27A, §§6(c) and (d) and 10(c), Annotated Code of Maryland Effective date: October 20, 1985 (12:21 Md. R. 2030) Regulation .06J amended effective July 13, 1997 (24:14 Md. R. 1013) Regulation .08A amended effective October 17, 1988 (15:21 Md. R. 2469) Regulation .08B amended as an emergency provision effective December 14, 1990 (18:2 Md. R. 147); emergency status expired May 13, 1991 Regulation .08B amended effective September 16, 1991 (18:18 Md. R. 2009) Regulation .08C amended effective July 13, 1997 (24:14 Md. R. 1013) Regulation .11 amended effective April 11, 1994 (21:7 Md. R. 532) Chapter revised effective January 17, 2005 (32:1 Md. R. 28)