TITLE 29

State Government

State Agencies and Offices Not Created by Constitution

CHAPTER 46. PUBLIC DEFENDER


There is created the office of Public Defender.

29 Del. C. 1953, § 4601; 54 Del. Laws, c. 227, § 1.;

(a) The Public Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Public Defender shall represent, without charge, each indigent person who is under arrest or charged with a crime, if:

(1) The defendant requests it; or

(2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject of record the opportunity to be so represented.

(b) Before arraignment the determination of indigency may be made by the Public Defender. At or after arraignment the determination shall be made by the court.

29 Del. C. 1953, § 4602; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1.;

(a) The Public Defender shall serve for a term of 6 years from the date of appointment. The Public Defender shall receive $10,000 per year as compensation.

(b) The Public Defender may appoint as many assistant attorneys, clerks, investigators, stenographers and other employees as the Public Defender considers necessary to enable the Public Defender to carry out the responsibilities of the office. An assistant attorney must be a qualified attorney licensed to practice in this State.

(c) The compensation of persons appointed under subsection (b) of this section shall be fixed by the Public Defender.

(d) Effective January 1, 2000, the Public Defender and Chief Deputy Public Defender shall be prohibited from engaging in the practice of law outside the duties of the Office of the Public Defender.

29 Del. C. 1953, § 4603; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 110.;

When representing an indigent person, the Public Defender shall:

(1) Counsel and defend the indigent person, whether held in custody without commitment or charged with a criminal offense, at every stage of the proceedings following arrest; and

(2) Prosecute any appeals or other remedies before or after conviction that the Public Defender considers to be in the interest of justice.

29 Del. C. 1953, § 4604; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1.;

For cause, the court may, on its own motion or upon the application of the Public Defender or the indigent person, appoint an attorney other than the Public Defender to represent the indigent person at any stage of the proceedings or on appeal. The attorney shall be awarded reasonable compensation and reimbursement for expenses necessarily incurred to be fixed by the court and paid by the State.

29 Del. C. 1953, § 4605; 54 Del. Laws, c. 227, § 1; 64 Del. Laws, c. 90, § 67A; 64 Del. Laws, c. 130, § 9(a); 64 Del. Laws, c. 212, § 1; 70 Del. Laws, c. 186, § 1.;

The Public Defender shall make an annual report to the Governor and the General Assembly covering all cases handled by the Public Defender's office during the preceding year.

29 Del. C. 1953, § 4606; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1.;

(a) Each court of this State shall assess an administrative fee in the amount of $100 against any defendant on whose behalf an appearance is made by the Public Defender, one of the Public Defender's assistants, or any other attorney who has been appointed by a court to represent the defendant in a criminal proceeding. This fee shall be payable even though the criminal proceedings do not result in conviction but are instead terminated by a guilty plea, nolle prosequi or order of the court.

(b) Upon assessment of any administrative fee under this section, each defendant shall be directed to pay such assessment forthwith to the clerk of the court in which an entry of appearance by the Public Defender, one of the Public Defender's assistants or any other attorney who has been appointed by a court was entered.

(c) A defendant's present inability, failure or refusal to pay an assessment made under this section shall not operate to disqualify a defendant from legal representation.

(d) If a defendant is unable or fails to pay the administrative fee pursuant to this section, the court shall order the defendant to report to the Commissioner of the Department of Correction or a person designated by the Commissioner, for work for a number and schedule of hours necessary to discharge the fine, pursuant to § 4105(b) of Title 11.

(e) In the event that any portion of an administrative fee assessed under this section shall remain unpaid at the time of sentencing, the sentencing judge shall make payment of the administrative fee an express condition of any sentence imposed.

(f) All moneys received in satisfaction of assessments under this section shall revert to the General Fund and the clerk of each court shall regularly remit all moneys received to the State Treasurer.

(g) On or before the first day of November of each year, the courts of this State in which assessments are regularly made under this section shall provide the State Auditor with a written report detailing the dollar value of assessments made in the previous fiscal year, the amount collected in the previous fiscal year as well as the balance of unpaid assessments at the open and close of the previous fiscal year.

69 Del. Laws, c. 286, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 342, § 1.;

This chapter may be cited as the Model Defender Act.

29 Del. C. 1953, § 4607; 54 Del. Laws, c. 227, § 1; 69 Del. Laws, c. 286, § 1.;