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Session Laws, 1968
Volume 683, Page 352   View pdf image
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352                              LAWS OF MARYLAND                      CH. 300]

ume), title "Courts," to follow immediately after Section 12 there-
of and to be under the new subtitle "Criminal Justice Act of Prince
George's County," to provide limitations on compensation to ap-
pointed attorneys in criminal cases; to provide limitations on
allowances for investigative, expert or other services necessary to
defend a criminal case involving an indigent defendant; to provide
for the payment of such attorney's fees and other expenses by the
Board of County Commissioners of Prince George's County, and
to further provide for administration by the Court Administrator.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 12A through 12E, inclusive, be and they are here-
by added to Article 26 of the Annotated Code of Maryland (1966
Replacement Volume), title "Courts," to follow immediately after
Section 12 thereof and to be under the new subtitle "Criminal Justice
Act for Prince George's County," and to read as follows:

12A. Criminal Justice Act for Prince George's County.

An attorney appointed by the Circuit Court of Prince George's
County to represent an indigent defendant in a criminal, defective
delinquent or post conviction case shall, at the conclusion of the
representation or any segment thereof, be compensated at a rate of
$15 per hour for time expended in Court, and $10 per hour for time
reasonably expended out of Court, and shall be reimbursed for minor
expenses reasonably incurred. For representation of a defendant
before the Circuit Court, the compensation, exclusive of minor ex-
penses reasonably incurred, to be paid to an attorney shall not ex-
ceed $500 in a case or cases in which one or more crimes are charged.
In extraordinary cases or circumstances payment in excess of the
limits stated herein shall be made if the amount of the excess pay-
ment is approved by a panel of three Circuit Court Judges. A claim
for compensation and reimbursement shall be supported by a written
statement, under oath, specifying the time expended, services ren-
dered, and expenses incurred, and the compensation and reimburse-
ment applied for. This statement shall include also the investigation
done by the attorney to determine assets or sources of income or
funds of the defendant, and shall also include any compensation or
reimbursement received by the attorney in the same case or cases
from any source. This claim for compensation aforesaid shall be
submitted to the Defense of Indigent Defendants Committee of the
Prince George's County Bar Association for review and approval
and hence to the Prince George's County Commissioners for payment.

12B. Services Other Than Counsel.

Appointed counsel for a defendant, who if financially unable to
obtain investigative, expert, or other services necessary to an ade-
quate defense in his case, may request them in an ex parte oral
application. Upon finding, after an appropriate inquiry in an ex
parte proceeding, that the services are necessary and not otherwise
available and that the defendant if financially unable to obtain them,
the Court shall authorize counsel to obtain the services on behalf of
the defendant. The Court may, in the interest of justice, and upon
a finding that timely procurement of necessary services could not
await prior authorization, ratify such services after they have been
obtained. The Court shall determine reasonable compensation for


 

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Session Laws, 1968
Volume 683, Page 352   View pdf image
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