CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE
(a) It shall be the primary duty of the Public Defender to provide legal
representation for any indigent defendant eligible for services under
this article. Legal representation may be provided by the Public
Defender, or, subject to the supervision of the Public Defender, by his
deputy, by district public defenders, by assistant public defenders, or
by panel attorneys as hereinafter provided for.
(b) Legal representation shall be provided indigent defendants or parties
in the following proceedings:
(1) Any criminal or juvenile proceeding constitutionally requiring the
presence of counsel prior to presentment before a commissioner or
judge;
(2) Criminal or juvenile proceedings, where the defendant is charged with a
serious crime, before the District Court of Maryland, the various
circuit courts within the State of Maryland, and the Court of Special
Appeals;
(3) Postconviction proceedings, when the defendant has a right to counsel
pursuant to Title 7 of the Criminal Procedure Article;
(4) Any other proceeding where possible incarceration pursuant to a
judicial commitment of individuals in institutions of a public or
private nature may result; and
(5) An involuntary termination of parental rights proceeding or a hearing
under § 5-319 of the Family Law Article, if the party is entitled to
Public Defender representation under § 5-323 of the Family Law
Article.
(c) This article applies only to representation in or with respect to the
courts of this State. It does not prohibit the Public Defender's
Office from representing an indigent person in a federal court of the
United States at federal expense, if the matter arises out of, or is
related to, an action pending or recently pending in a court of
criminal jurisdiction of this State. Any compensation paid by the
federal court to the Public Defender, his deputy, district public
defenders, or assistant public defenders shall be remitted to the
general funds of the State.
(d) Representation by the Office of the Public Defender, or by an attorney
appointed by the Office of the Public Defender, shall extend to all
stages in the proceedings, including custody, interrogation,
preliminary hearing, arraignment, trial, a hearing in an involuntary
termination of parental rights proceeding, a hearing under § 5-319 of
the Family Law Article, and appeal, if any, and shall continue until
the final disposition of the cause, or until the assigned attorney is
relieved by the Public Defender or by order of the court in which the
cause is pending.
** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 464 -
2005 **
(a) It shall be the primary duty of the Public Defender to provide legal
representation for any indigent defendant eligible for services under
this article. Legal representation may be provided by the Public
Defender, or, subject to the supervision of the Public Defender, by his
deputy, by district public defenders, by assistant public defenders, or
by panel attorneys as hereinafter provided for.
(b) Legal representation shall be provided indigent defendants or parties
in the following proceedings:
(1) Any criminal or juvenile proceeding constitutionally requiring the
presence of counsel prior to presentment before a commissioner or
judge;
(2) Criminal or juvenile proceedings, where the defendant is charged with a
serious crime, before the District Court of Maryland, the various
circuit courts within the State of Maryland, and the Court of Special
Appeals;
(3) Postconviction proceedings, when the defendant has a right to counsel
pursuant to Title 7 of the Criminal Procedure Article;
(4) Any other proceeding where possible incarceration pursuant to a
judicial commitment of individuals in institutions of a public or
private nature may result; and
(5) As to a parent, a hearing in connection with guardianship or adoption
under Title 5, Subtitle 3, Part II or Part III of the Family Law
Article.
(c) This article applies only to representation in or with respect to the
courts of this State. It does not prohibit the Public Defender's
Office from representing an indigent person in a federal court of the
United States at federal expense, if the matter arises out of, or is
related to, an action pending or recently pending in a court of
criminal jurisdiction of this State. Any compensation paid by the
federal court to the Public Defender, his deputy, district public
defenders, or assistant public defenders shall be remitted to the
general funds of the State.
(d) Representation by the Office of the Public Defender or an attorney
appointed by the Office:
(1) Shall extend to all stages in the proceedings:
(i) Including, in criminal proceedings, custody, interrogation, preliminary
hearing, arraignment, trial, and appeal, if any;
(ii) As provided in § 3-813 of the Courts Article; and
(iii) Under Title 5, Subtitle 3, Part II or III of the Family Law Article,
including:
1. A hearing in connection with a guardianship case;
2. A hearing under § 5-326 of the Family Law Article for which the
parent has not waived the right to notice;
3. A hearing in connection with an adoption case; and
4. An appeal; and
(2) Shall continue until:
(i) The final disposition of the cause; or
(ii) The assigned attorney is relieved by the Public Defender or by order of
the court in which the cause is pending.
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