11-584

11-584. Public defender; duties;
reimbursement

A. The public defender shall, on order of the court, defend, advise and counsel any
person who is entitled to counsel as a matter of law and who is not financially able to
employ counsel in the following proceedings and circumstances:

1. Offenses triable in the superior court or justice courts at all stages of the
proceedings, including the preliminary examination.

2. Extradition hearings.

3. Mental disorder hearings only if appointed by the court under title 36, chapter
5.

4. Involuntary commitment hearings held pursuant to title 36, chapter 18, only if
appointed by the court.

5. Involuntary commitment hearings held pursuant to title 36, chapter 37, if
appointed by the court as provided in section 36-3704, subsection C and the board of
supervisors has advised the presiding judge of the county that the public defender is
authorized to accept these appointments.

6. Juvenile delinquency and incorrigibility proceedings only if appointed by the
court under section 8-221.

7. Appeals to a higher court or courts.

8. All juvenile proceedings other than delinquency and incorrigibility proceedings
under paragraph 6 of this subsection, including serving as a guardian ad litem, if
appointed by the court pursuant to section 8-221 and the board of supervisors has advised
the presiding judge of the county that the public defender is authorized to accept these
appointments.

9. All mental health hearings regarding release recommendations held before the
psychiatric security review board pursuant to section 13-3994, if appointed by the court
as provided in section 31-502, subsection A, paragraph 8 and the board of supervisors has
advised the presiding judge of the superior court in the county that the public defender
is authorized to accept these appointments.

10. As attorneys in any other proceeding or circumstance in which a party is
entitled to counsel as a matter of law if the court appoints the public defender and the
board of supervisors has advised the presiding judge of the county that the public
defender is authorized to accept these appointments as specified.

B. The public defender shall perform the following duties:

1. Keep a record of all services rendered by the public defender in that capacity
and file with the board of supervisors an annual report of those services.

2. By December 1 of each year, file with the presiding judge of the superior court,
the chief probation officer and the board of supervisors an annual report on the average
cost of defending a felony case.

C. Although the services of the public defender or court appointed counsel shall be
without expense to the defendant, the juvenile, a parent or any other party, the court
may make the following assessments:

1. Order an indigent administrative assessment of not more than twenty-five
dollars.

2. Order an administrative assessment fee of not more than twenty-five dollars to
be paid by the juvenile or the juvenile's parent or guardian.

3. Require that the defendant, including a defendant who is placed on probation, a
juvenile, a parent or any other party who is appointed counsel under subsection A of this
section repay to the county a reasonable amount to reimburse the county for the cost of
the person's legal services. Reimbursement for legal services in a delinquency,
dependency or termination proceeding shall be ordered pursuant to section 8-221.
Reimbursement for legal services in a guardianship or conservatorship proceeding shall be
ordered pursuant to section 14-5414.

D. In determining the amount and method of payment the court shall take into
account the financial resources of the defendant and the nature of the burden that the
payment will impose.

E. Assessments collected pursuant to subsection C of this section shall be paid
into the county general fund in the account designed for use solely by the public
defender and court appointed counsel to defray the costs of public defenders and court
appointed counsel. The assessments shall supplement, not supplant, funding provided by
counties for public defense, legal defense and contract indigent defense counsel in each
county.