In this chapter, the following terms have the meanings indicated. Terms Defined. “District” means an area comprising one or more political subdivisions conforming to the geographic boundaries of the District Court districts established in the Courts and Judicial Proceedings Article, §1-602, Annotated Code of Maryland. “District public defender” means the district public defender of each of the various districts described in §B(1), above. “Division” means an organization subunit through which the Office of the Public Defender provides specialized defense services, including representation in appellate, post-conviction, involuntary institutionalization, child in need of assistance, termination of parental rights, and capital proceedings. “Division chief” means the attorney-at-law appointed by the public defender to be in charge of a division. “Expenses”, when used with reference to representation under these regulations, means all costs incident to investigation, other pretrial preparation, trial, and appeal of a person accused of a serious crime. “Indigent” means any person taken into custody or charged with a serious crime as defined under the laws of Maryland or the laws and ordinances of any county, municipality, or Baltimore City, who under oath or affirmation subscribes and states in writing that he is financially unable, without undue hardship, to provide for the full payment of an attorney and all other necessary expenses of legal representation. “Office” means the Office of the Public Defender, including district offices of the Public Defender and branch offices as are deemed necessary. “Serious crimes” when used in these regulations applies to serious crimes as defined under the Public Defender Statute, Article 27A, §2(h), Annotated Code of Maryland, as expanded by Argersinger v. Hamlin, 407 U.S. 31 (1972), in which the Court stated that, " . . . absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor or felony, unless he is represented by counsel at his trial." (407 U.S. 31 at 35). 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)). 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; 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: The nature, extent, and liquidity of assets; The disposable net income of the defendant; The nature of the offense; The effort and skill required to gather pertinent information; The length and complexity of the proceedings; and Any other foreseeable expenses. 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: Consistently with Baldwin v. State, supra, and Office of the Public Defender v. State, supra, any doubts as to defendant’s indigence shall be resolved by providing assistance of counsel rather than denying it; The defendant's financial ability shall be measured in terms of his resources and not in terms of resources of the defendant's family; The fact that bond was posted may not be used as grounds to deny appointed counsel; Assets seized in raids and held by authorities subject to confiscation may not be deemed available to the defendant for purposes of determining his financial ability; The defendant's presumed employability shall form no proper basis for denying appointed counsel. 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. For an individual whose assets and net annual income are less than 100 percent of the federal poverty guidelines, eligibility for services of the Office may be determined without an assessment regarding the need of the applicant. Assets considered shall include all liquid and nonliquid assets of the applicant, excluding the applicant's principal residence and primary vehicle. 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: Be interviewed at an office other than one where representation would be provided, with the eligibility decision deferred to the district public defender rendering the service; or Visit an Office of the Public Defender district providing the service and have eligibility determined at the time of the interview. Criminal Procedure Article, §16-210, Annotated Code of Maryland Effective date: August 24, 1987 (14:17 Md. R. 1872) Chapter revised as an emergency provision effective September 28, 1994 (21:22 Md. R. 1872); emergency status extended at 22:6 Md. R. 471; revised permanently effective March 27, 1995 (22:6 Md. R. 474) Regulation .02 amended effective March 19, 2012 (39:5 Md. R. 383) Regulation .05 amended effective March 19, 2012 (39:5 Md. R. 383); March 28, 2016 (43:6 Md. R. 411) Regulation .05B amended effective May 17, 1999 (26:10 Md. R. 799) Regulation .06 amended effective March 28, 2016 (43:6 Md. R. 411) Regulation .07 amended effective December 7, 2017 (44:24 Md. R. 1151) Regulation .07B amended effective March 19, 2012 (39:5 Md. R. 383) Regulations .08 and .09 repealed effective May 17, 1999 (26:10 Md. R. 799)