[§844D-124]  Counsel.  (a)  The court
may, at any time during proceedings under this part, appoint counsel for a
defendant determined to be indigent pursuant to section 802-4.



(b)  If the defendant has filed pro se, upon a
showing that DNA testing may be material to the defendant's claim of wrongful
conviction, the court shall appoint counsel for the defendant.



(c)  The court, in its discretion, may refer
pro se requests for DNA testing to qualified parties for further review,
including but not limited to indigent defense organizations or clinical legal
education programs, without appointing the parties as counsel at that time.



(d)  If the defendant has retained private pro
bono counsel, including but not limited to counsel from a nonprofit
organization that represents indigent persons, the court may, in its
discretion, award reasonable attorney's fees and costs at the conclusion of the
litigation. [L 2005, c 112, pt of §1]