Marvin Mandel, Governor 487
trial preparation, trial and appeal of a person accused of a serious
crime.
(h) "Serious crime" means:
(1) A felony;
(2) a misdemeanor or offense, the penalty for which involves the
possibility of confinement for more than three months or a fine of
more than $500, or any other offense where, in the opinion of the
court, either the complexity of the matter, or the youth, inexpe-
rience, or mental capacity of the accused, may require representa-
tion of the accused by an attorney; and
(3) an act which except for the age of the person involved, would
otherwise be a serious crime.
8. The Office of Public Defender—Establishment and Qualifications.
(a) The Office of Public Defender is hereby established in the
Executive Branch of the Government of the State of Maryland. The
head of the office shall be the Public Defender, who shall be ap-
pointed by the Governor, with the advice and consent of the Senate,
BOARD OF TRUSTEES, and who shall serve at the pleasure of the
Governor. BOARD OF TRUSTEES. To be qualified for appointment
as Public Defender, a person must be an attorney-at-law, admitted
to practice law in the State of Maryland by the Court of Appeals of
Maryland, and engaged in the practice of law for a period of five
(5) years prior to his appointment. The Public Defender shall
receive such salary as provided in the budgets , AND SHALL NOT
ENGAGE IN THE PRIVATE PRACTICE OF LAW.
(b) The Public Defender, with the approval of the Governor,
BOARD OF TRUSTEES, shall appoint a Deputy Public Defender,
and one (1) District Public Defender for each district of the District
Court, who shall possess the same qualifications as the Public De-
fender to be eligible for appointment, who shall assist the Public
Defender in the performance of the duties of his office, and who shall,
subject to the supervision of the Public Defender, be in charge of the
public defender offices in the district for which he is appointed. As-
sistant Public Defenders may be appointed by the Public Defender,
with the advice of the District Public Defenders, in such number as
authorized by the budget. To be qualified for appointment as an
Assistant Public Defender, a person must be an attorney-at-law and
admitted to practice law in the State of Maryland by the Court of
Appeals of Maryland. The Deputy Public Defender, District Public
Defenders, and Assistant Public Defenders, shall serve at the pleas-
ure of the Public Defender, shall not engage in the private practice
of criminal law, and shall receive such salaries as provided in the
budget.
(c) The Public Defender shall appoint such investigators, steno-
graphic and clerical assistants and other personnel to assist him and
the District Public Defenders as may be required for the proper
performance of the duties of the office, and as provided in the
budget.
(d) The Public Defender shall establish and maintain suitable
offices within the State; however, there shall be at least one such
office in each district.
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