Chapter 1 - Defense Of Indigents
- Article 1 General Provisions.
- Section 15-12-1 Definitions
When used in this chapter, the following terms shall have the following meanings: (1) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile ...
- Section 15-12-2 Determination as to indigent defense systems to be used in circuit, district and municipal courts
(a) The indigent defense system in the circuit and district court of a county shall be determined as follows: (1) In circuits with two ...
- Section 15-12-3 Presiding circuit judges to administer indigent defense systems within circuits; adoption of rules for effectuation of systems by circuit courts
Within each judicial circuit the presiding circuit judge shall administer the indigent defense system pursuant to rule of the Supreme Court. Circuit courts may ...
- Section 15-12-4 Circuit indigent defense commissions
(a) Creation. - In each judicial circuit, the presiding circuit judge shall appoint an indigent defense commission. (b) Composition; qualifications, appointment, term of office ...
- Section 15-12-5 Determination of indigency and provision of defense counsel generally
(a) Judicial role in determining indigency. - The trial judge first having cognizance of a criminal or juvenile proceeding in his court shall determine ...
- Section 15-12-6 Compensation of appointed counsel generally
Compensation of counsel appointed to represent indigent defendants shall be paid by the state in such amounts as otherwise provided by law. The procedure ...
- Article 2 Appointed Counsel.
- Section 15-12-20 Matters to be ascertained by trial judges as to representation of defendants prior to arraignment
In all criminal cases, including paternity cases, and civil and criminal nonsupport cases which may result in the jailing of the defendant, in any ...
- Section 15-12-21 Appointment and compensation of counsel - Trial court
(a) If it appears to the trial court that a defendant is entitled to counsel, that the defendant does not expressly waive the right ...
- Section 15-12-22 Appointment and compensation of counsel - Appeals
(a) In all criminal cases wherein a defendant has been convicted of a serious offense in which an appeal lies directly to the Supreme ...
- Section 15-12-23 Appointment and compensation of counsel - Postconviction proceedings
(a) In proceedings filed in the district or circuit court involving the life and liberty of those charged with or convicted of serious criminal ...
- Section 15-12-24 Calculation of rates
Fees awarded to appointed counsel for time expended prior to June 13, 1984 in the preparation of such cases shall be calculated at the ...
- Section 15-12-24.1 Withdrawals from fair trial tax fund to pay expenses
The State Comptroller is authorized to withdraw from or charge to the fair trial tax fund such amounts not to exceed $12,500.00 quarterly to ...
- Section 15-12-25 Reimbursement of fees of court appointed counsel by defendant; default
(a)(1) A court may require a convicted defendant to pay the fees of court appointed counsel. Fees of court appointed counsel for the purposes ...
- Section 15-12-26 Contract counsel system - Commission to choose counsel; employment contract
(a) In any county or circuit where a contract counsel system is chosen as a method of providing indigent defense, the circuit indigent defense ...
- Section 15-12-27 Contract counsel system - Compensation
Any provision of this chapter to the contrary notwithstanding, each contract counsel shall receive compensation as set by the circuit indigent defense commission, reviewed ...
- Section 15-12-28 Contract counsel system - Records, reports, and attorney-client communications
Each contract counsel shall keep the records and make the reports as required by the terms of the applicable contract; except, that attorney-client communications ...
- Section 15-12-29 Contract counsel system - Construction of sections
Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to preclude judges from appointing counsel for indigent defendants, or from assigning representation of an ...
- Article 3 Public Defenders.
- Section 15-12-40 Selection
In any county or circuit where a public defender system is chosen as a method of providing indigent defense, the indigent defense commission shall ...
- Section 15-12-41 Term of office; removal; requirement of full-time service
The public defender shall be appointed for a fixed term not to exceed six years and may be removed from office for cause by ...
- Section 15-12-42 Powers and duties generally
The public defender shall have the following powers and duties: (1) Within his geographic jurisdiction, the public defender shall provide defense services to indigent ...
- Section 15-12-43 Compensation and expenses generally
(a) The public defender shall receive a salary set by the indigent defense commission and approved by the Administrative Director of Courts. The salary ...
- Section 15-12-44 Records and reports; confidentiality of attorney-client communications
The public defender shall keep such records and make such reports as are required by the indigent defense commission; except, that attorney-client communications involving ...
- Section 15-12-45 Approval of expenditures for attorneys, investigators, nonpersonnel expenses of defender, etc
The indigent defense commission, subject to the approval of the Administrative Director of Courts, may approve expenditures for attorneys, investigators, other personnel and nonpersonnel ...
- Section 15-12-46 Provisions of article not to exclude establishment of appointed counsel systems or appointment of counsel in event of conflict of interest of public defender, etc
Nothing in this article shall be construed to exclude establishment of appointed counsel systems parallel to a public defender system or to preclude judges ...
