WILLIAM DONALD SCHAEFER, Governor                            Ch. 380

Article 27A - Public Defender

4.

(a)      It shall be the primary duty of the Public Defender to provide 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 OR PARTIES in
the following proceedings:

(1)      [In any] ANY criminal or juvenile proceeding constitutionally requiring
the presence of counsel prior to presentment before a commissioner or judge[.];

(2)     Criminal or juvenile proceedings, where the defendant is charged with a
serious crime, before the District Court of Maryland, the various circuit courts within the
State of Maryland, and the Court of Special Appeals[.];

(3)      Postconviction proceedings under Article 27, Annotated Code of
Maryland, when the defendant has a right to counsel pursuant to § 645A of that
article[.];

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

(5)      AN INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
PROCEEDING OR A HEARING UNDER § 5-319 OF THE FAMILY LAW ARTICLE, IF THE
PARTY IS ENTITLED TO PUBLIC DEFENDER REPRESENTATION UNDER § 5-323 OF THE
FAMILY LAW ARTICLE.

(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, A
HEARING IN AN INVOLUNTARY TERMINATION OF PARENTAL RIGHTS PROCEEDING,
A HEARING UNDER § 5-319 OF THE FAMILY LAW ARTICLE, 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.

- 1997 -