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14.06.03.00.htm 14.06.03.00. Title 14 INDEPENDENT AGENCIES Subtitle 06 OFFICE OF THE PUBLIC DEFENDER Chapter 03 Eligibility for Services Authority: Criminal Procedure Article, §16-210, Annotated Code of Maryland
14.06.03.01.htm 14.06.03.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "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.2) "District public defender" means the district public defender of each of the various districts described in §B(1) above.
14.06.03.02.htm 14.06.03.02. 02 Scope.. A. 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)B. The regulations also seek to ensure that eligibility is determined in a manner consistent with the obligation of the offic
14.06.03.03.htm 14.06.03.03. 03 Incorporation by Reference.. A. In this chapter, the following document is incorporated by reference.. B. Document Incorporated. Section 673(2) of Omnibus Budget Reconciliation Act (OBRA) of 1981 (Pub. L. 97-35) (42 U.S.C. §9902(2)
14.06.03.04.htm 14.06.03.04. 04 Duty to Provide Legal Representation.. 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. Juvenile proceedings or criminal proceedings wh
14.06.03.05.htm 14.06.03.05. 05 Determination of Eligibility for Services.. A. 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
14.06.03.06.htm 14.06.03.06. 06 Reimbursement of Expenses.. A. 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.B. The attorney shall review with the client any c
14.06.03.07.htm 14.06.03.07. 07 Application for Public Defender Services.. A. Eligibility Interview.. 1) An applicant shall submit to a confidential eligibility interview at least 10 working days before any service is required to be rendered.2) 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.3) An applicant applying for services more than 16
14.06.03.9999.htm 14.06.03.9999. Administrative History 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).
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