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Session Laws, 1971
Volume 707, Page 488   View pdf image
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488                              Laws of Maryland                      [Ch. 209

(E) THE NUMBER OF POSITIONS, SALARIES AND EX-
PENSES FOR THE OFFICE OF PUBLIC DEFENDER SHALL
BE AS PROVIDED IN THE EXECUTIVE BUDGET AS SPECI-
FIED IN ARTICLE 3, SECTION 52 (4) (B) OF THE CONSTI-
TUTION OF THE STATE OF MARYLAND, WHICH SHALL BE
SUBJECT TO APPROVAL BY THE GENERAL ASSEMBLY.

4. Duty to Provide Legal Representation.

(a)  It shall be the primary duty of the Public Defender to pro-
vide legal representation for any indigent defendant, eligible for
services under this Article. Legal representation may be provided
by the Public Defender, or, subject to the supervision of the Public
Defender, by his Deputy, by District Public Defenders, by Assistant
Public Defenders, or by panel attorneys as hereinafter provided for.

(b)  Legal representation shall be provided, indigent defendants
in the following proceedings:

(1)  In any criminal or juvenile proceeding constitutionally re-
quiring the presence of counsel prior to presentment before a magis-
trate
COMMISSIONER or judge.

(2)  Criminal or juvenile proceedings, where the defendant is
charged with a serious crime, before the District Court of Mary-
land, the Supreme Bench of Baltimore City, the various Circuit
Courts within the State of Maryland, the Court of Special Appeals
of Maryland, and the Court of Appeals of Maryland.

(3) Proceedings under the Defective Delinquents laws, Article 31B,
Annotated Code of Maryland.

(4) Post-conviction proceedings under Article 27, Annotated Code
of Maryland.

(5) Any other proceeding where possible incarceration pursuant
to a judicial commitment of individuals in institutions of a public
or private nature may result.

(c)  This Article applies only to representation in or with respect
to the courts of this State. It does not prohibit the Public Defender's
Office from representing an indigent person in a Federal court of
the United States at Federal expense, if the matter arises out of,
or is related to, an action pending or recently pending in a court
of criminal jurisdiction of this State. Any compensation paid by the
Federal court to the Public Defender, his deputy, district public
defenders, or assistant public defenders, shall be remitted to the
general funds of the State.

(d)  Representation by the Office of the Public Defender or by an
attorney appointed by the Office of the Public Defender, shall extend
to all stages in the proceedings, including custody, interrogation,
preliminary hearing, arraignment, trial, and appeal, if any, and
shall continue until the final disposition of the cause, or until the
assigned attorney is relieved by the Public Defender or by Order
of the Court in which the cause is pending.

5. Powers and Duties of the Public Defender.
The Public Defender

(a) Shall assume general responsibility for the operation of the
Office of Public Defender and all district offices;


 

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Session Laws, 1971
Volume 707, Page 488   View pdf image
 Jump to  
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