Md. Code Regs. 14.06.03.04

Current through Register Vol. 51, No. 8, April 19, 2024

Section 14.06.03.04 - Duty to Provide Legal Representation

Pursuant to Article 27A, §4, Annotated Code of Maryland, the Public Defender is charged with the primary duty to provide legal representation to any indigent eligible for services under the Article, in the following proceedings:

A. In any criminal or juvenile proceeding constitutionally requiring the presence of counsel before presentment before a commissioner or judge;

B. Juvenile proceedings or criminal proceedings when the applicant is charged with a serious crime, before the District Court of Maryland, the various circuit courts within the State, and the Court of Special Appeals;

C. Post-conviction proceedings under Criminal Procedure Article, Annotated Code of Maryland, when the defendant has a right to counsel pursuant to Criminal Procedure Article, § 7-108, Annotated Code of Maryland;

D. Any other proceeding when possible incarceration pursuant to a judicial commitment of individuals in institutions of a public or private nature may result;

E. An involuntary termination of parental rights proceeding or a hearing under Family Law Article, § 5-319, Annotated Code of Maryland, if the party is entitled to public defender representation under Family Law Article, § 5-323, Annotated Code of Maryland.

Md. Code Regs. 14.06.03.04