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14.06.02.00.htm 14.06.02.00. Title 14 INDEPENDENT AGENCIES Subtitle 06 OFFICE OF THE PUBLIC DEFENDER Chapter 02 Panel Attorneys Authority: Article 27A, §6(c) and (d) and 10(c) Annotated Code of Maryland
14.06.02.01.htm 14.06.02.01. 01 Definitions.. A. As used in this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Office" means the Office of the Public Defender, including a district office of the Public Defender.2) "District public defender" means:. a) 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
14.06.02.02.htm 14.06.02.02. 02 Introduction.. 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, § 6, Annotated Code of Maryland)
14.06.02.03.htm 14.06.02.03. 03 Duty of the Public Defender.. 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:A. In any criminal or juvenile proceeding constitutionally requiring the presence of counsel before presentment before a commissioner or judge;B. Criminal or juvenile proceedings, when the defendant is charged with a s
14.06.02.04.htm 14.06.02.04. 04 Assignment of Panel Attorneys.. A. 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.B. Primary Duty of Panel Attorneys. The primary du
14.06.02.05.htm 14.06.02.05. 05 Final Report.. 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.
14.06.02.06.htm 14.06.02.06. 06 Fees and Expenses.. A. 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
14.06.02.07.htm 14.06.02.07. 07 Time for Submitting Petition for Fee.. 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.
14.06.02.08.htm 14.06.02.08. 08 Review of Petition for Fee and Expenses by District Public Defender.. 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.
14.06.02.09.htm 14.06.02.09. 09 Review of Petition for Fee and Expenses by District Advisory Board.. 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
14.06.02.10.htm 14.06.02.10. 10 Accepting Fees from Accused.. 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.
14.06.02.11.htm 14.06.02.11. 11 Redetermination of Indigency.. 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, there
14.06.02.12.htm 14.06.02.12. 12 Funding Availability.. 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.
14.06.02.9999.htm 14.06.02.9999. Administrative History 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, 1991Regulation .08B amended effective September 16, 1991 (18:18 Md. R. 2009).
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