Rule 44 - Appointment of Counsel for Adults(a) Appointment of counsel. If the person charged appears in Court without counsel, the Court shall advise of the right to counsel and, in every case in which the law requires and in any other case in which the Court deems it appropriate, the Court shall appoint counsel to represent the person charged at every stage of the proceeding unless the person charged elects to proceed without counsel or is able to obtain counsel. The Court may appoint the Public Defender to represent a person charged if it finds at or after arraignment that the person charged is indigent.(b) Application for fees and disbursements of court-appointed counsel for indigent persons. A separate claim for compensation and reimbursement shall be made to this Court for compensation and reimbursement for representation of the client in this Court. Each claim before this Court shall be supported by a written statement specifying the time expended, services rendered, and expenses incurred while the case was pending before this Court, and all compensation and reimbursement applied for, expected or received in the same case from any other source. The Court shall thereupon set the compensation and reimbursement to be paid to the attorney.(c) Standards for setting counsel fees. Any attorney appointed under this Rule for an indigent person shall be compensated at a rate not to exceed $50 per hour, and shall be reimbursed for expenses reasonably incurred. Compensation paid hereunder for services performed in this Court shall not exceed $2,000 for each attorney in a proceeding in which 1 or more felonies are charged; or $1,000 for each attorney in a proceeding in which only misdemeanors are charged. These maximum amounts shall not prevent any such attorney from being compensated for services performed in other Courts involving the same representation. (d) Waiver of maximum amounts. Payments to Court-appointed counsel in excess of the maximum amounts provided herein may be made for extended or complex representation if the Court finds that the amount of such payment is necessary to provide fair compensation and the payment is approved by the Chief Judge of the Family Court. Any application for a fee exceeding $2,000 shall be made only upon reasonable notice to the Attorney General. Application for less amounts may be ex parte unless, in a specific instance, the Court directs otherwise.(e) Costs and disbursements. Upon prior application, counsel for a person who is financially unable to pay for transcripts, witness' travel expenses, or investigative, expert or other services or costs necessary for an adequate presentation of the case may request them in an ex parte application. Upon finding, after appropriate inquiry in an ex parte proceeding, that the expenditures are necessary and that the person is financially unable to bear them, the Court shall authorize counsel to incur such necessary expenditures in such amounts as the Court shall authorize. Such counsel may also make expenditures without prior authorization and subject to later review for investigative, expert or other services or costs necessary for an adequate presentation of the case, but the total of such expenditures made without prior authorization shall not exceed $200. (f) Counsel for State officers and employees. Appointment of counsel for State officers and employees, under 60 Del. Laws, c. 474, is governed by Supreme Court Rule 68. (g) Costs and fees on appeals. In any case where an indigent appeal to the appellate court and the ground of the appeal requires a review of the evidence, counsel shall make a request to the trial Court to be furnished without charge a copy of the transcript of relevant trial testimony. The cost of such transcript shall be certified by the Court for payment. In cases where the appellate court certifies to this Court the appointment of counsel and the amount set by the appellate court as compensation for said counsel's services and expenses, this Court, upon receipt of such certificate, shall certify such amount for payment. (h) Contracts with attorneys to render services. Notwithstanding any provision of this Rule to the contrary, the Court may elect to contract with one or more attorneys to render services as Court-appointed counsel to represent indigent persons charged who cannot be represented by the Office of the Public Defender. The Court may appoint said attorneys for a fixed term and at a fixed monthly compensation to include all services rendered by said attorney during the contract period. Disbursement of said funds shall be subject to the approval of the Administrative Office of the Courts as the disbursing agency.Del. Fam. Ct. R. Crim. P. 44
Amended effective 4/10/2017.