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State Statutes - Maryland - Article Public Defender - (g27A) - Section 6
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Section 6

      (a)      Each district public defender, subject to the authority and supervision of the Public Defender, shall maintain a confidential list of private attorneys-at-law who shall be available to serve as counsel to indigent persons eligible for legal representation under this article. The attorneys on each list shall be classified into various panels pursuant to qualification criteria set forth by the Public Defender. Such criteria shall be based upon the nature and complexity of the type of offense requiring legal representation, the previous trial or appellate experience of the attorneys, and any other factors considered necessary to insure competent legal representation.

      (b)      Except in those cases where representation is provided by an attorney in the Office of the Public Defender, the district public defender, subject to the supervision of the Public Defender, shall appoint attorneys from the appropriate panels to represent indigent persons. The maximum use of panel attorneys shall be made insofar as practicable.

      (c)      The primary duty of all panel attorneys appointed by the Office of the Public Defender 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. This shall not preclude the designation or assignment of different individuals to perform various parts of the service from time to time. A panel attorney who is assigned to represent an indigent person under this article shall report to the Office of the Public Defender on his representation of the indigent person, as prescribed by rules of the Public Defender.

      (d)      Panel attorneys shall be compensated by the Public Defender for their professional services and expenses incident to representation of indigent persons, upon the filing of a petition for a legal fee and expenses. Payment of fees and expenses shall be authorized by the Office of the Public Defender according to fee schedules established from time to time by the Public Defender and from funds authorized by the budget for the Office of the Public Defender. A panel attorney who represents an indigent person under this article may not receive any fee for his services in addition to that provided pursuant to this article. Any 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 petition by the district advisory boards. All fees and expenses paid to panel attorneys, including any authorized as herein provided by the district advisory boards, shall be paid out of funds appropriated by the budget to the Office of the Public Defender.

      (e)      The Office of the Public Defender may provide staff and technical assistance to any panel attorney appointed to represent an indigent person.

      (f)      Nothing in this article shall be construed to deprive any court mentioned in § 4(b)(2) of this article of its authority to appoint an attorney to represent an indigent person where there is a conflict in legal representation in a matter involving multiple defendants and one of the defendants is represented by or through the Office of the Public Defender, or where the Office of the Public Defender declines to provide representation to an indigent person entitled to representation under this article.


 
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