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Session Laws, 1971
Volume 707, Page 491   View pdf image
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Marvin Mandel, Governor                            491

the first services are to be rendered, the office may undertake repre-
sentation of an indigent person provisionally, and if it shall sub-
sequently determine that the person is ineligible, it shall so inform
the person, and the person shall thereupon be obliged to engage his
own counsel and to reimburse the office for the cost of the services
rendered to that time.

(b)   The Office of the Public Defender shall make such investiga-
tion of the financial status of each defendant at such time or times
as the circumstances shall warrant, and in connection therewith the
Office shall have the authority to require a defendant to execute and
deliver such written requests or authorizations as may be necessary
under applicable law to provide the office with access to records of
public or private sources, otherwise confidential, as may be needed
to evaluate eligibility. The office is authorized to obtain information
from any public record office of the State or of any subdivision or
agency thereof upon request and without payment of any fees ordi-
narily required by law.

(c)  In all cases where it appears that the defendant has or rea-
sonably expects to have means to meet some part of the expenses
for services rendered to him, he shall be required to reimburse the
office, either by a single payment or in installments, in such amounts
as he can reasonably be expected to pay; but no default or failure
in the making of any such payment shall effect or reduce the render-
ing of services to him.

(d)  The reasonable value or OF the services rendered to a defend-
ant pursuant to this Act shall constitute a lien on any and all real
property to
IN which the defendant shall have or acquire an interest,
except for the residence of the defendant. To perfect such lien, the
Public Defender shall submit to the court having jurisdiction in the
matter, an affidavit setting forth the services rendered to the defend-
ant and the reasonable value thereof. The court shall determine and
adjudge the reasonable value of said services. Upon adjudication, a
lien shall be filed or docketed with the clerk of the Circuit Court or
District Court where the services were performed or where the de-
fendant works or resides, and from the date thereof shall constitute
a lien on the defendant's property for a period of 10 years unless
sooner discharged and, except for such time limitation, shall have
the force and effect of a judgment at law.

(e)   The Clerks of the several Circuit Courts and the Supreme
Bench of Baltimore City and the District Court throughout the State
shall provide separate books for the recording of said liens, which
books shall be properly indexed in the name of the debtor. The
Public Defender shall not be required to pay filing or recording fees.

(f)   The Public Defender in the name of the State shall do all
things necessary and proper to collect all moneys due to the State
by way of reimbursement for services rendered pursuant to this act.
He may enter into arrangements with one or more agencies of the
State or of the counties to handle said collections on a cost basis
to the extent that such arrangements are calculated to simplify
collection procedures. He may institute any proceedings necessary
for the collection of such moneys in the appropriate courts.


 

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Session Laws, 1971
Volume 707, Page 491   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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