State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter6

CHAPTER 6 - PUBLIC DEFENDER

 

7-6-101. Short title.

 

This act shall be known and may be cited asthe "Public Defender Act".

 

7-6-102. Definitions.

 

(a) As used in this act:

 

(i) Repealed by Laws 1989, ch. 121, 2.

 

(ii) Repealed by Laws 1989, ch. 121, 2.

 

(iii) "Expenses", when used with reference torepresentation under this act, include the expenses of investigation, otherpreparation and trial;

 

(iv) "Needy person" means a person who at the time hisneed is determined is unable to provide for the full payment of an attorney andall other necessary expenses of representation;

 

(v) "Serious crime" means:

 

(A) Any felony or misdemeanor under the laws of the state ofWyoming for which incarceration as a punishment is a practical possibility,provided, however, that counsel need not be appointed for a misdemeanor if thejudge, at the initial appearance, determines and states on the record that hewill not sentence the defendant to any period of imprisonment if the defendantis convicted of the misdemeanor; and

 

(B) Any misdemeanor offense charged under W.S. 6-2-501, or anyother provision, a conviction of which is a "misdemeanor crime of domesticviolence" as defined in 18 U.S.C. 921(a)(33), and which may thereforeresult in the disqualification of the person to possess firearms pursuant tothe provisions of 18 U.S.C. 922(g)(9) and 924(a)(2), regardless of thedetermination of the judge that he intends not to impose a term ofincarceration for the state offense.

 

(vi) "This act" means W.S. 7-6-101 through 7-6-114.

 

7-6-103. Creation of office of state public defender; appointment ofstate public defender and assistants; duties; removal.

 

(a) There is created the office of the state public defender.The office of the state public defender shall be deemed a state agency forbudgeting purposes pursuant to W.S. 9-2-1001 through 9-2-1026.

 

(b) The state public defender shall be appointed by and shallserve at the pleasure of the governor.

 

(c) The state public defender shall:

 

(i) Be a member in good standing of the Wyoming state bar;

 

(ii) Have had experience in defense or prosecution of personsaccused of crime in this state;

 

(iii) Be compensated as determined by the Wyoming personneldivision;

 

(iv) Devote full time to the performance of his duties;

 

(v) Administer the public defender program of the state;

 

(vi) Promulgate rules and regulations establishing a standardfee schedule for services provided by attorneys appointed pursuant to W.S.7-6-109; and

 

(vii) On or before June 8, 1989, promulgate rules and regulationsin cooperation with the supreme court of Wyoming establishing standards fordetermining who is a needy person as defined by W.S. 7-6-102(a)(iv). Thestandards shall require the person to file with the court a written affidavitunder oath stating his financial assets and liabilities.

 

(d) The state public defender shall not engage in privatepractice except to complete business pending at the time of his appointment.

 

(e) Any assistant public defender may serve in another judicialdistrict on a case by case basis at the request of the state public defender.

 

(f) The governor may appoint full or part-time assistant publicdefenders in each judicial district with the advice of the state publicdefender, the district judge of the district and the boards of countycommissioners in the district. In appointing assistant public defenders thegovernor shall consider the recommendations submitted to him, the demand forlegal services, the criminal case load statistics, the population, thegeographical characteristics and any other relevant factors.

 

(g) Each assistant public defender shall:

 

(i) Serve at the pleasure of the state public defender;

 

(ii) Be a member in good standing of the Wyoming state bar. Thegovernor may remove any assistant public defender as provided in W.S. 9-1-202;

 

(iii) Be compensated as determined by the Wyoming personneldivision, or by the state public defender if appointed under a purchase ordercontract; and

 

(iv) Devote full time to the performance of his duties whendirected by the state public defender.

 

(h) A full time assistant public defender shall not engage inprivate practice except to complete business pending at the time of hisappointment.

 

(j) The state public defender may act as his own attorney ormay be represented by the attorney general in any actions, suits or claims inwhich the office of the state public defender or the state public defenderhimself is a party.

 

(k) Notwithstanding any other provision of law to the contrary,any attorney providing services for the office of the state public defender inthe defense of a criminal case shall, for matters arising out of such services,be considered a state employee for purposes of coverage and representationunder the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-121, andthe state self-insurance program, W.S. 1-41-101 through 1-41-111.

 

7-6-104. Representation of needy persons.

 

(a) The public defender shall represent as counsel any needyperson who is under arrest for or formally charged with having committed aserious crime if:

 

(i) The defendant requests counsel; or

 

(ii) The court, on its own motion or otherwise, ordersappointment of counsel and the defendant does not affirmatively waive orreject, on the record, the opportunity to be represented by legal counsel inthe proceeding.

 

(b) Appointed counsel, services and facilities necessary forrepresentation, and court costs shall be provided at public expense to theextent that the person, at the time the court determines need, is unable toprovide for their payment.

 

(c) A needy person who is entitled to be represented by anattorney under subsection (a) of this section is entitled:

 

(i) To be represented by the public defender in a proceedingfor revocation of probation when it is determined by the court to bestatutorily or constitutionally required;

 

(ii) To be represented in any appeal to a Wyoming court, and incases in which the death penalty has been imposed or in such other cases as thestate public defender deems appropriate, in a writ of certiorari to the UnitedStates supreme court, and in proceedings under W.S. 7-14-101 through 7-14-108;

 

(iii) Repealed by Laws 1989, ch. 121, 2.

 

(iv) Repealed By Laws 1999, ch. 95, 2.

 

(v) To be represented by the public defender when requested bya fugitive in a proceeding for extradition for the limited purpose provided inW.S. 7-3-210;

 

(vi) To be represented by counsel at every stage of theproceedings, from the time of the initial appointment by the court until theentry of final judgment, at which time the representation shall end, unless thecourt appoints counsel for purposes of appeal, correction or modification ofsentence;

 

(vii) To be represented by the public defender in a motionbrought in accordance with the provisions of the Post-Conviction DNA TestingAct.

 

(d) A needy person's right to a benefit under subsection (a) or(c) of this section is not affected by his having provided a similar benefit athis own expense, or by his having waived it, at an earlier stage.

 

7-6-105. Advisement of rights; appointment of attorney.

 

 

(a) A needy person who is being interrogated by law enforcementpersonnel for a serious crime, or who is a probationer or parolee, shall beinformed of his right to be represented by an attorney at public expense. Ifthe person being interrogated does not have an attorney and wishes to have theservices of an attorney, he shall be provided the opportunity to contact thenearest public defender.

 

(b) At the person's initial appearance the court shall adviseany defendant who is a needy person of his right to be represented by anattorney at public expense. The court shall further explain to the needyperson the possibility that he may be ordered to reimburse the state for thecosts associated with his legal representation. If the person charged does nothave an attorney and wishes one, the court shall notify an available publicdefender for the judicial district or shall appoint an attorney to representthe needy person if no public defender is available.

 

7-6-106. Determination of need; reimbursement for services.

 

(a) The determination of whether a person covered by W.S.7-6-104 is a needy person shall be deferred until his first appearance in courtor in a suit for payment or reimbursement under W.S. 7-6-108, whichever occursearlier. Thereafter, the court shall determine, with respect to eachproceeding, whether he is a needy person. For purposes of this section, anappeal, probation revocation or proceeding to correct or modify a sentence is aseparate proceeding. The determination of need shall be based on a separateapplication submitted at the time of each proceeding.

 

(b) In determining whether a person is a needy person and indetermining the extent of his inability to pay, and, in the case of anunemancipated minor, the inability to pay of his custodial parent or anotherperson who has a legal obligation of support, the court shall consider thestandards promulgated pursuant to W.S. 7-6-103(c)(vii). Release on bail doesnot necessarily prevent a person from being determined to be needy. In eachcase the person, subject to the penalties for perjury, shall certify inwriting, or by other record, the material factors relating to his ability topay as the court prescribes.

 

(c) In every case in which a person has received services underW.S. 7-6-104, the presiding judge shall determine whether the person or, in thecase of an unemancipated minor, his custodial parent or any other person whohas a legal obligation of support, is able to provide any funds towards paymentof part or all of the cost associated with such services. If the person or, inthe case of an unemancipated minor, his custodial parent or any other personwho has a legal obligation of support, is not able to provide any funds towardspayment of costs, the court shall enter a specific finding on the record. Ifthe court determines the person or, in the case of an unemancipated minor, hiscustodial parent or any other person who has a legal obligation of support, isable to provide any amount as reimbursement, the court shall order the personor, in the case of an unemancipated minor, his custodial parent or any otherperson who has a legal obligation of support, to reimburse the state for all orpart of the costs of the services provided or shall state on the record thereasons why an order for reimbursement was not entered. Where a person isinitially provided with counsel pursuant to W.S. 7-6-105(a), but subsequentlyretains private counsel, the court may order the person to reimburse the statefor the services already provided. All reimbursements under this act shall bemade through the clerk of court.

 

(d) The state public defender shall report in the agency'sannual report concerning:

 

(i) The number of cases by court in which an attorney wasappointed to represent a person at public expense under this act during thepreceding calendar quarter; and

 

(ii) For each case in which an attorney was appointed, whetherthe court ordered reimbursement under this section or, if reimbursement was notordered, whether the court complied with subsection (c) of this section.

 

(e) If the court orders release on bail pending trial orappeal, probation before sentence, suspended sentence or probation, the courtshall order the needy person as a condition of bail, sentence or probation torepay the state for expenses and services provided by appointed attorneyspursuant to the state public defender's standard fee schedule if the courtdetermines the defendant has an ability to pay or that a reasonable probabilityexists that the defendant will have an ability to pay.

 

7-6-107. Waiver of rights.

 

A person who has been advised of his rightsunder W.S. 7-6-105 may waive any right provided by this act if at the time ofor after waiver, the court finds that the person has acted with full awarenessof his rights and of the consequences of a waiver and if the waiver isotherwise made according to law. Before making its findings, the court shallconsider such factors as the person's age, education, familiarity with theEnglish language and the complexity of the crime involved. A person whoknowingly and voluntarily waives his right to counsel and who elects torepresent himself shall not be entitled to standby counsel under this act.

 

7-6-108. Recovery of payment.

 

(a) Within six (6) years after the date the services wererendered, the attorney general may sue on behalf of the state to recoverpayment or reimbursement from each person who has received legal assistance orother benefits under this act or, in the case of an unemancipated minor, fromhis custodial parent or any other person who has a legal obligation of support.

 

(b) Amounts recovered under this act shall be paid into thestate general fund.

 

7-6-109. Appointment of outside attorney.

 

(a) Nothing in this act shall prevent a court on its own motionor upon application by the state public defender or by the individualdefendant, from appointing an attorney other than the public defender torepresent the defendant or to assist in the representation of the defendant atany stage of the proceedings or on appeal.

 

(b) If a court assigns an attorney to represent a needy person,it may recommend a reasonable rate of compensation for his services and shalldetermine the direct expenses for which he should be reimbursed. The statepublic defender shall consider the court's recommendation and the customarycompensation as prescribed by the standard fee schedule promulgated pursuant toW.S. 7-6-103(c)(vi), and shall pay the appointed attorney for his services whenthe case for which he was appointed is concluded.

 

(c) An attorney appointed under subsection (b) of this sectionshall be compensated for his services with regard to the complexity of theissues, the time involved, prevailing local fees of attorneys, the amountreasonably necessary to provide a defense as is required by constitutionalprocess and other relevant considerations as determined by the court.

 

(d) If a defendant initially retains counsel and then requeststhe provision of counsel or any other defense services, including but notlimited to mental evaluations, expert witnesses and witness travel expenses,the court shall make a determination whether the defendant is a "needyperson" under this act, subject to the following:

 

(i) The procedures set forth in W.S. 7-6-106 shall be followed;

 

(ii) The court shall make the findings required by W.S. 7-6-106and rule 44 of the Wyoming Rules of Criminal Procedure;

 

(iii) The defendant shall complete an affidavit or otherwisedisclose on the record his entire financial situation, including the amount hehas already paid to retain defense counsel, the source of those funds andwhether additional funds are available to him through any means;

 

(iv) The defendant shall disclose the disposition of anyretainer and any amounts remaining; and

 

(v) The state public defender shall be served by thedefendant's retained counsel with a copy of any such request and shall be heardby the court prior to any decision on the request.

 

7-6-110. Use of state or private facilities.

 

 

(a) The public defender or an appointed defending attorney isentitled to use the same state facilities for the evaluation of evidence as areavailable to the prosecuting attorney. If it appears the use of statefacilities is unavailable or inappropriate, the court may authorize the use ofprivate facilities to be paid for by the state public defender.

 

(b) When the public defender or an appointed defending attorneyrequests service of process from the sheriff, no fees shall be charged for suchservice.

 

7-6-111. Office space.

 

The county commissioners of each countyshall provide suitable office space and utility services, other than telephoneservice, for the use of the state public defender and his assistants. Ifsuitable office space for all assistant public defenders cannot be provided,the county commissioners shall provide a monthly stipend to all assistantshoused in private facilities.

 

7-6-112. Applicability of provisions.

 

(a) This act does not apply to:

 

(i) Matters arising out of an action pending in the juvenilecourts of this state unless it is in a juvenile delinquency proceeding;

 

(ii) Representation of an individual in proceedings forhospitalization of mentally ill persons under W.S. 25-10-101 through 25-10-127;

 

(iii) Representation of a person charged in municipal court withviolation of a municipal ordinance; or

 

(iv) Representation of a person in a federal court, exceptpursuant to W.S. 7-6-104(c)(ii).

 

7-6-113. Funding.

 

(a) The total state and federal funding of the public defenderprogram shall be eighty-five percent (85%) of the state public defender budget.

 

(b) Each county shall appropriate funds to supplement the statepublic defender budget in accordance with an equitable formula determined bythe state public defender and the budget division of the department ofadministration and information in cooperation with the legislative serviceoffice, taking into account the following factors:

 

(i) The population of each county;

 

(ii) The assessed valuation of each county; and

 

(iii) The serious crime case load of each county.

 

(c) The total amount of money collected from the counties shallequal fifteen percent (15%) of the state public defender budget. The statepublic defender shall notify each county of its proportional share and shall byJune 30 of each fiscal year invoice the county for its proportionate share. Inthe event a county does not make payments within ninety (90) days, the statetreasurer may deduct the amount from sales tax revenues due to the county fromthe state and shall credit the amount to the general fund.

 

7-6-114. Other legal protections or sanctions.

 

The protections provided by this act do notexclude any protection or sanction that the law otherwise provides.

 

State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter6

CHAPTER 6 - PUBLIC DEFENDER

 

7-6-101. Short title.

 

This act shall be known and may be cited asthe "Public Defender Act".

 

7-6-102. Definitions.

 

(a) As used in this act:

 

(i) Repealed by Laws 1989, ch. 121, 2.

 

(ii) Repealed by Laws 1989, ch. 121, 2.

 

(iii) "Expenses", when used with reference torepresentation under this act, include the expenses of investigation, otherpreparation and trial;

 

(iv) "Needy person" means a person who at the time hisneed is determined is unable to provide for the full payment of an attorney andall other necessary expenses of representation;

 

(v) "Serious crime" means:

 

(A) Any felony or misdemeanor under the laws of the state ofWyoming for which incarceration as a punishment is a practical possibility,provided, however, that counsel need not be appointed for a misdemeanor if thejudge, at the initial appearance, determines and states on the record that hewill not sentence the defendant to any period of imprisonment if the defendantis convicted of the misdemeanor; and

 

(B) Any misdemeanor offense charged under W.S. 6-2-501, or anyother provision, a conviction of which is a "misdemeanor crime of domesticviolence" as defined in 18 U.S.C. 921(a)(33), and which may thereforeresult in the disqualification of the person to possess firearms pursuant tothe provisions of 18 U.S.C. 922(g)(9) and 924(a)(2), regardless of thedetermination of the judge that he intends not to impose a term ofincarceration for the state offense.

 

(vi) "This act" means W.S. 7-6-101 through 7-6-114.

 

7-6-103. Creation of office of state public defender; appointment ofstate public defender and assistants; duties; removal.

 

(a) There is created the office of the state public defender.The office of the state public defender shall be deemed a state agency forbudgeting purposes pursuant to W.S. 9-2-1001 through 9-2-1026.

 

(b) The state public defender shall be appointed by and shallserve at the pleasure of the governor.

 

(c) The state public defender shall:

 

(i) Be a member in good standing of the Wyoming state bar;

 

(ii) Have had experience in defense or prosecution of personsaccused of crime in this state;

 

(iii) Be compensated as determined by the Wyoming personneldivision;

 

(iv) Devote full time to the performance of his duties;

 

(v) Administer the public defender program of the state;

 

(vi) Promulgate rules and regulations establishing a standardfee schedule for services provided by attorneys appointed pursuant to W.S.7-6-109; and

 

(vii) On or before June 8, 1989, promulgate rules and regulationsin cooperation with the supreme court of Wyoming establishing standards fordetermining who is a needy person as defined by W.S. 7-6-102(a)(iv). Thestandards shall require the person to file with the court a written affidavitunder oath stating his financial assets and liabilities.

 

(d) The state public defender shall not engage in privatepractice except to complete business pending at the time of his appointment.

 

(e) Any assistant public defender may serve in another judicialdistrict on a case by case basis at the request of the state public defender.

 

(f) The governor may appoint full or part-time assistant publicdefenders in each judicial district with the advice of the state publicdefender, the district judge of the district and the boards of countycommissioners in the district. In appointing assistant public defenders thegovernor shall consider the recommendations submitted to him, the demand forlegal services, the criminal case load statistics, the population, thegeographical characteristics and any other relevant factors.

 

(g) Each assistant public defender shall:

 

(i) Serve at the pleasure of the state public defender;

 

(ii) Be a member in good standing of the Wyoming state bar. Thegovernor may remove any assistant public defender as provided in W.S. 9-1-202;

 

(iii) Be compensated as determined by the Wyoming personneldivision, or by the state public defender if appointed under a purchase ordercontract; and

 

(iv) Devote full time to the performance of his duties whendirected by the state public defender.

 

(h) A full time assistant public defender shall not engage inprivate practice except to complete business pending at the time of hisappointment.

 

(j) The state public defender may act as his own attorney ormay be represented by the attorney general in any actions, suits or claims inwhich the office of the state public defender or the state public defenderhimself is a party.

 

(k) Notwithstanding any other provision of law to the contrary,any attorney providing services for the office of the state public defender inthe defense of a criminal case shall, for matters arising out of such services,be considered a state employee for purposes of coverage and representationunder the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-121, andthe state self-insurance program, W.S. 1-41-101 through 1-41-111.

 

7-6-104. Representation of needy persons.

 

(a) The public defender shall represent as counsel any needyperson who is under arrest for or formally charged with having committed aserious crime if:

 

(i) The defendant requests counsel; or

 

(ii) The court, on its own motion or otherwise, ordersappointment of counsel and the defendant does not affirmatively waive orreject, on the record, the opportunity to be represented by legal counsel inthe proceeding.

 

(b) Appointed counsel, services and facilities necessary forrepresentation, and court costs shall be provided at public expense to theextent that the person, at the time the court determines need, is unable toprovide for their payment.

 

(c) A needy person who is entitled to be represented by anattorney under subsection (a) of this section is entitled:

 

(i) To be represented by the public defender in a proceedingfor revocation of probation when it is determined by the court to bestatutorily or constitutionally required;

 

(ii) To be represented in any appeal to a Wyoming court, and incases in which the death penalty has been imposed or in such other cases as thestate public defender deems appropriate, in a writ of certiorari to the UnitedStates supreme court, and in proceedings under W.S. 7-14-101 through 7-14-108;

 

(iii) Repealed by Laws 1989, ch. 121, 2.

 

(iv) Repealed By Laws 1999, ch. 95, 2.

 

(v) To be represented by the public defender when requested bya fugitive in a proceeding for extradition for the limited purpose provided inW.S. 7-3-210;

 

(vi) To be represented by counsel at every stage of theproceedings, from the time of the initial appointment by the court until theentry of final judgment, at which time the representation shall end, unless thecourt appoints counsel for purposes of appeal, correction or modification ofsentence;

 

(vii) To be represented by the public defender in a motionbrought in accordance with the provisions of the Post-Conviction DNA TestingAct.

 

(d) A needy person's right to a benefit under subsection (a) or(c) of this section is not affected by his having provided a similar benefit athis own expense, or by his having waived it, at an earlier stage.

 

7-6-105. Advisement of rights; appointment of attorney.

 

 

(a) A needy person who is being interrogated by law enforcementpersonnel for a serious crime, or who is a probationer or parolee, shall beinformed of his right to be represented by an attorney at public expense. Ifthe person being interrogated does not have an attorney and wishes to have theservices of an attorney, he shall be provided the opportunity to contact thenearest public defender.

 

(b) At the person's initial appearance the court shall adviseany defendant who is a needy person of his right to be represented by anattorney at public expense. The court shall further explain to the needyperson the possibility that he may be ordered to reimburse the state for thecosts associated with his legal representation. If the person charged does nothave an attorney and wishes one, the court shall notify an available publicdefender for the judicial district or shall appoint an attorney to representthe needy person if no public defender is available.

 

7-6-106. Determination of need; reimbursement for services.

 

(a) The determination of whether a person covered by W.S.7-6-104 is a needy person shall be deferred until his first appearance in courtor in a suit for payment or reimbursement under W.S. 7-6-108, whichever occursearlier. Thereafter, the court shall determine, with respect to eachproceeding, whether he is a needy person. For purposes of this section, anappeal, probation revocation or proceeding to correct or modify a sentence is aseparate proceeding. The determination of need shall be based on a separateapplication submitted at the time of each proceeding.

 

(b) In determining whether a person is a needy person and indetermining the extent of his inability to pay, and, in the case of anunemancipated minor, the inability to pay of his custodial parent or anotherperson who has a legal obligation of support, the court shall consider thestandards promulgated pursuant to W.S. 7-6-103(c)(vii). Release on bail doesnot necessarily prevent a person from being determined to be needy. In eachcase the person, subject to the penalties for perjury, shall certify inwriting, or by other record, the material factors relating to his ability topay as the court prescribes.

 

(c) In every case in which a person has received services underW.S. 7-6-104, the presiding judge shall determine whether the person or, in thecase of an unemancipated minor, his custodial parent or any other person whohas a legal obligation of support, is able to provide any funds towards paymentof part or all of the cost associated with such services. If the person or, inthe case of an unemancipated minor, his custodial parent or any other personwho has a legal obligation of support, is not able to provide any funds towardspayment of costs, the court shall enter a specific finding on the record. Ifthe court determines the person or, in the case of an unemancipated minor, hiscustodial parent or any other person who has a legal obligation of support, isable to provide any amount as reimbursement, the court shall order the personor, in the case of an unemancipated minor, his custodial parent or any otherperson who has a legal obligation of support, to reimburse the state for all orpart of the costs of the services provided or shall state on the record thereasons why an order for reimbursement was not entered. Where a person isinitially provided with counsel pursuant to W.S. 7-6-105(a), but subsequentlyretains private counsel, the court may order the person to reimburse the statefor the services already provided. All reimbursements under this act shall bemade through the clerk of court.

 

(d) The state public defender shall report in the agency'sannual report concerning:

 

(i) The number of cases by court in which an attorney wasappointed to represent a person at public expense under this act during thepreceding calendar quarter; and

 

(ii) For each case in which an attorney was appointed, whetherthe court ordered reimbursement under this section or, if reimbursement was notordered, whether the court complied with subsection (c) of this section.

 

(e) If the court orders release on bail pending trial orappeal, probation before sentence, suspended sentence or probation, the courtshall order the needy person as a condition of bail, sentence or probation torepay the state for expenses and services provided by appointed attorneyspursuant to the state public defender's standard fee schedule if the courtdetermines the defendant has an ability to pay or that a reasonable probabilityexists that the defendant will have an ability to pay.

 

7-6-107. Waiver of rights.

 

A person who has been advised of his rightsunder W.S. 7-6-105 may waive any right provided by this act if at the time ofor after waiver, the court finds that the person has acted with full awarenessof his rights and of the consequences of a waiver and if the waiver isotherwise made according to law. Before making its findings, the court shallconsider such factors as the person's age, education, familiarity with theEnglish language and the complexity of the crime involved. A person whoknowingly and voluntarily waives his right to counsel and who elects torepresent himself shall not be entitled to standby counsel under this act.

 

7-6-108. Recovery of payment.

 

(a) Within six (6) years after the date the services wererendered, the attorney general may sue on behalf of the state to recoverpayment or reimbursement from each person who has received legal assistance orother benefits under this act or, in the case of an unemancipated minor, fromhis custodial parent or any other person who has a legal obligation of support.

 

(b) Amounts recovered under this act shall be paid into thestate general fund.

 

7-6-109. Appointment of outside attorney.

 

(a) Nothing in this act shall prevent a court on its own motionor upon application by the state public defender or by the individualdefendant, from appointing an attorney other than the public defender torepresent the defendant or to assist in the representation of the defendant atany stage of the proceedings or on appeal.

 

(b) If a court assigns an attorney to represent a needy person,it may recommend a reasonable rate of compensation for his services and shalldetermine the direct expenses for which he should be reimbursed. The statepublic defender shall consider the court's recommendation and the customarycompensation as prescribed by the standard fee schedule promulgated pursuant toW.S. 7-6-103(c)(vi), and shall pay the appointed attorney for his services whenthe case for which he was appointed is concluded.

 

(c) An attorney appointed under subsection (b) of this sectionshall be compensated for his services with regard to the complexity of theissues, the time involved, prevailing local fees of attorneys, the amountreasonably necessary to provide a defense as is required by constitutionalprocess and other relevant considerations as determined by the court.

 

(d) If a defendant initially retains counsel and then requeststhe provision of counsel or any other defense services, including but notlimited to mental evaluations, expert witnesses and witness travel expenses,the court shall make a determination whether the defendant is a "needyperson" under this act, subject to the following:

 

(i) The procedures set forth in W.S. 7-6-106 shall be followed;

 

(ii) The court shall make the findings required by W.S. 7-6-106and rule 44 of the Wyoming Rules of Criminal Procedure;

 

(iii) The defendant shall complete an affidavit or otherwisedisclose on the record his entire financial situation, including the amount hehas already paid to retain defense counsel, the source of those funds andwhether additional funds are available to him through any means;

 

(iv) The defendant shall disclose the disposition of anyretainer and any amounts remaining; and

 

(v) The state public defender shall be served by thedefendant's retained counsel with a copy of any such request and shall be heardby the court prior to any decision on the request.

 

7-6-110. Use of state or private facilities.

 

 

(a) The public defender or an appointed defending attorney isentitled to use the same state facilities for the evaluation of evidence as areavailable to the prosecuting attorney. If it appears the use of statefacilities is unavailable or inappropriate, the court may authorize the use ofprivate facilities to be paid for by the state public defender.

 

(b) When the public defender or an appointed defending attorneyrequests service of process from the sheriff, no fees shall be charged for suchservice.

 

7-6-111. Office space.

 

The county commissioners of each countyshall provide suitable office space and utility services, other than telephoneservice, for the use of the state public defender and his assistants. Ifsuitable office space for all assistant public defenders cannot be provided,the county commissioners shall provide a monthly stipend to all assistantshoused in private facilities.

 

7-6-112. Applicability of provisions.

 

(a) This act does not apply to:

 

(i) Matters arising out of an action pending in the juvenilecourts of this state unless it is in a juvenile delinquency proceeding;

 

(ii) Representation of an individual in proceedings forhospitalization of mentally ill persons under W.S. 25-10-101 through 25-10-127;

 

(iii) Representation of a person charged in municipal court withviolation of a municipal ordinance; or

 

(iv) Representation of a person in a federal court, exceptpursuant to W.S. 7-6-104(c)(ii).

 

7-6-113. Funding.

 

(a) The total state and federal funding of the public defenderprogram shall be eighty-five percent (85%) of the state public defender budget.

 

(b) Each county shall appropriate funds to supplement the statepublic defender budget in accordance with an equitable formula determined bythe state public defender and the budget division of the department ofadministration and information in cooperation with the legislative serviceoffice, taking into account the following factors:

 

(i) The population of each county;

 

(ii) The assessed valuation of each county; and

 

(iii) The serious crime case load of each county.

 

(c) The total amount of money collected from the counties shallequal fifteen percent (15%) of the state public defender budget. The statepublic defender shall notify each county of its proportional share and shall byJune 30 of each fiscal year invoice the county for its proportionate share. Inthe event a county does not make payments within ninety (90) days, the statetreasurer may deduct the amount from sales tax revenues due to the county fromthe state and shall credit the amount to the general fund.

 

7-6-114. Other legal protections or sanctions.

 

The protections provided by this act do notexclude any protection or sanction that the law otherwise provides.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title7 > Chapter6

CHAPTER 6 - PUBLIC DEFENDER

 

7-6-101. Short title.

 

This act shall be known and may be cited asthe "Public Defender Act".

 

7-6-102. Definitions.

 

(a) As used in this act:

 

(i) Repealed by Laws 1989, ch. 121, 2.

 

(ii) Repealed by Laws 1989, ch. 121, 2.

 

(iii) "Expenses", when used with reference torepresentation under this act, include the expenses of investigation, otherpreparation and trial;

 

(iv) "Needy person" means a person who at the time hisneed is determined is unable to provide for the full payment of an attorney andall other necessary expenses of representation;

 

(v) "Serious crime" means:

 

(A) Any felony or misdemeanor under the laws of the state ofWyoming for which incarceration as a punishment is a practical possibility,provided, however, that counsel need not be appointed for a misdemeanor if thejudge, at the initial appearance, determines and states on the record that hewill not sentence the defendant to any period of imprisonment if the defendantis convicted of the misdemeanor; and

 

(B) Any misdemeanor offense charged under W.S. 6-2-501, or anyother provision, a conviction of which is a "misdemeanor crime of domesticviolence" as defined in 18 U.S.C. 921(a)(33), and which may thereforeresult in the disqualification of the person to possess firearms pursuant tothe provisions of 18 U.S.C. 922(g)(9) and 924(a)(2), regardless of thedetermination of the judge that he intends not to impose a term ofincarceration for the state offense.

 

(vi) "This act" means W.S. 7-6-101 through 7-6-114.

 

7-6-103. Creation of office of state public defender; appointment ofstate public defender and assistants; duties; removal.

 

(a) There is created the office of the state public defender.The office of the state public defender shall be deemed a state agency forbudgeting purposes pursuant to W.S. 9-2-1001 through 9-2-1026.

 

(b) The state public defender shall be appointed by and shallserve at the pleasure of the governor.

 

(c) The state public defender shall:

 

(i) Be a member in good standing of the Wyoming state bar;

 

(ii) Have had experience in defense or prosecution of personsaccused of crime in this state;

 

(iii) Be compensated as determined by the Wyoming personneldivision;

 

(iv) Devote full time to the performance of his duties;

 

(v) Administer the public defender program of the state;

 

(vi) Promulgate rules and regulations establishing a standardfee schedule for services provided by attorneys appointed pursuant to W.S.7-6-109; and

 

(vii) On or before June 8, 1989, promulgate rules and regulationsin cooperation with the supreme court of Wyoming establishing standards fordetermining who is a needy person as defined by W.S. 7-6-102(a)(iv). Thestandards shall require the person to file with the court a written affidavitunder oath stating his financial assets and liabilities.

 

(d) The state public defender shall not engage in privatepractice except to complete business pending at the time of his appointment.

 

(e) Any assistant public defender may serve in another judicialdistrict on a case by case basis at the request of the state public defender.

 

(f) The governor may appoint full or part-time assistant publicdefenders in each judicial district with the advice of the state publicdefender, the district judge of the district and the boards of countycommissioners in the district. In appointing assistant public defenders thegovernor shall consider the recommendations submitted to him, the demand forlegal services, the criminal case load statistics, the population, thegeographical characteristics and any other relevant factors.

 

(g) Each assistant public defender shall:

 

(i) Serve at the pleasure of the state public defender;

 

(ii) Be a member in good standing of the Wyoming state bar. Thegovernor may remove any assistant public defender as provided in W.S. 9-1-202;

 

(iii) Be compensated as determined by the Wyoming personneldivision, or by the state public defender if appointed under a purchase ordercontract; and

 

(iv) Devote full time to the performance of his duties whendirected by the state public defender.

 

(h) A full time assistant public defender shall not engage inprivate practice except to complete business pending at the time of hisappointment.

 

(j) The state public defender may act as his own attorney ormay be represented by the attorney general in any actions, suits or claims inwhich the office of the state public defender or the state public defenderhimself is a party.

 

(k) Notwithstanding any other provision of law to the contrary,any attorney providing services for the office of the state public defender inthe defense of a criminal case shall, for matters arising out of such services,be considered a state employee for purposes of coverage and representationunder the Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-121, andthe state self-insurance program, W.S. 1-41-101 through 1-41-111.

 

7-6-104. Representation of needy persons.

 

(a) The public defender shall represent as counsel any needyperson who is under arrest for or formally charged with having committed aserious crime if:

 

(i) The defendant requests counsel; or

 

(ii) The court, on its own motion or otherwise, ordersappointment of counsel and the defendant does not affirmatively waive orreject, on the record, the opportunity to be represented by legal counsel inthe proceeding.

 

(b) Appointed counsel, services and facilities necessary forrepresentation, and court costs shall be provided at public expense to theextent that the person, at the time the court determines need, is unable toprovide for their payment.

 

(c) A needy person who is entitled to be represented by anattorney under subsection (a) of this section is entitled:

 

(i) To be represented by the public defender in a proceedingfor revocation of probation when it is determined by the court to bestatutorily or constitutionally required;

 

(ii) To be represented in any appeal to a Wyoming court, and incases in which the death penalty has been imposed or in such other cases as thestate public defender deems appropriate, in a writ of certiorari to the UnitedStates supreme court, and in proceedings under W.S. 7-14-101 through 7-14-108;

 

(iii) Repealed by Laws 1989, ch. 121, 2.

 

(iv) Repealed By Laws 1999, ch. 95, 2.

 

(v) To be represented by the public defender when requested bya fugitive in a proceeding for extradition for the limited purpose provided inW.S. 7-3-210;

 

(vi) To be represented by counsel at every stage of theproceedings, from the time of the initial appointment by the court until theentry of final judgment, at which time the representation shall end, unless thecourt appoints counsel for purposes of appeal, correction or modification ofsentence;

 

(vii) To be represented by the public defender in a motionbrought in accordance with the provisions of the Post-Conviction DNA TestingAct.

 

(d) A needy person's right to a benefit under subsection (a) or(c) of this section is not affected by his having provided a similar benefit athis own expense, or by his having waived it, at an earlier stage.

 

7-6-105. Advisement of rights; appointment of attorney.

 

 

(a) A needy person who is being interrogated by law enforcementpersonnel for a serious crime, or who is a probationer or parolee, shall beinformed of his right to be represented by an attorney at public expense. Ifthe person being interrogated does not have an attorney and wishes to have theservices of an attorney, he shall be provided the opportunity to contact thenearest public defender.

 

(b) At the person's initial appearance the court shall adviseany defendant who is a needy person of his right to be represented by anattorney at public expense. The court shall further explain to the needyperson the possibility that he may be ordered to reimburse the state for thecosts associated with his legal representation. If the person charged does nothave an attorney and wishes one, the court shall notify an available publicdefender for the judicial district or shall appoint an attorney to representthe needy person if no public defender is available.

 

7-6-106. Determination of need; reimbursement for services.

 

(a) The determination of whether a person covered by W.S.7-6-104 is a needy person shall be deferred until his first appearance in courtor in a suit for payment or reimbursement under W.S. 7-6-108, whichever occursearlier. Thereafter, the court shall determine, with respect to eachproceeding, whether he is a needy person. For purposes of this section, anappeal, probation revocation or proceeding to correct or modify a sentence is aseparate proceeding. The determination of need shall be based on a separateapplication submitted at the time of each proceeding.

 

(b) In determining whether a person is a needy person and indetermining the extent of his inability to pay, and, in the case of anunemancipated minor, the inability to pay of his custodial parent or anotherperson who has a legal obligation of support, the court shall consider thestandards promulgated pursuant to W.S. 7-6-103(c)(vii). Release on bail doesnot necessarily prevent a person from being determined to be needy. In eachcase the person, subject to the penalties for perjury, shall certify inwriting, or by other record, the material factors relating to his ability topay as the court prescribes.

 

(c) In every case in which a person has received services underW.S. 7-6-104, the presiding judge shall determine whether the person or, in thecase of an unemancipated minor, his custodial parent or any other person whohas a legal obligation of support, is able to provide any funds towards paymentof part or all of the cost associated with such services. If the person or, inthe case of an unemancipated minor, his custodial parent or any other personwho has a legal obligation of support, is not able to provide any funds towardspayment of costs, the court shall enter a specific finding on the record. Ifthe court determines the person or, in the case of an unemancipated minor, hiscustodial parent or any other person who has a legal obligation of support, isable to provide any amount as reimbursement, the court shall order the personor, in the case of an unemancipated minor, his custodial parent or any otherperson who has a legal obligation of support, to reimburse the state for all orpart of the costs of the services provided or shall state on the record thereasons why an order for reimbursement was not entered. Where a person isinitially provided with counsel pursuant to W.S. 7-6-105(a), but subsequentlyretains private counsel, the court may order the person to reimburse the statefor the services already provided. All reimbursements under this act shall bemade through the clerk of court.

 

(d) The state public defender shall report in the agency'sannual report concerning:

 

(i) The number of cases by court in which an attorney wasappointed to represent a person at public expense under this act during thepreceding calendar quarter; and

 

(ii) For each case in which an attorney was appointed, whetherthe court ordered reimbursement under this section or, if reimbursement was notordered, whether the court complied with subsection (c) of this section.

 

(e) If the court orders release on bail pending trial orappeal, probation before sentence, suspended sentence or probation, the courtshall order the needy person as a condition of bail, sentence or probation torepay the state for expenses and services provided by appointed attorneyspursuant to the state public defender's standard fee schedule if the courtdetermines the defendant has an ability to pay or that a reasonable probabilityexists that the defendant will have an ability to pay.

 

7-6-107. Waiver of rights.

 

A person who has been advised of his rightsunder W.S. 7-6-105 may waive any right provided by this act if at the time ofor after waiver, the court finds that the person has acted with full awarenessof his rights and of the consequences of a waiver and if the waiver isotherwise made according to law. Before making its findings, the court shallconsider such factors as the person's age, education, familiarity with theEnglish language and the complexity of the crime involved. A person whoknowingly and voluntarily waives his right to counsel and who elects torepresent himself shall not be entitled to standby counsel under this act.

 

7-6-108. Recovery of payment.

 

(a) Within six (6) years after the date the services wererendered, the attorney general may sue on behalf of the state to recoverpayment or reimbursement from each person who has received legal assistance orother benefits under this act or, in the case of an unemancipated minor, fromhis custodial parent or any other person who has a legal obligation of support.

 

(b) Amounts recovered under this act shall be paid into thestate general fund.

 

7-6-109. Appointment of outside attorney.

 

(a) Nothing in this act shall prevent a court on its own motionor upon application by the state public defender or by the individualdefendant, from appointing an attorney other than the public defender torepresent the defendant or to assist in the representation of the defendant atany stage of the proceedings or on appeal.

 

(b) If a court assigns an attorney to represent a needy person,it may recommend a reasonable rate of compensation for his services and shalldetermine the direct expenses for which he should be reimbursed. The statepublic defender shall consider the court's recommendation and the customarycompensation as prescribed by the standard fee schedule promulgated pursuant toW.S. 7-6-103(c)(vi), and shall pay the appointed attorney for his services whenthe case for which he was appointed is concluded.

 

(c) An attorney appointed under subsection (b) of this sectionshall be compensated for his services with regard to the complexity of theissues, the time involved, prevailing local fees of attorneys, the amountreasonably necessary to provide a defense as is required by constitutionalprocess and other relevant considerations as determined by the court.

 

(d) If a defendant initially retains counsel and then requeststhe provision of counsel or any other defense services, including but notlimited to mental evaluations, expert witnesses and witness travel expenses,the court shall make a determination whether the defendant is a "needyperson" under this act, subject to the following:

 

(i) The procedures set forth in W.S. 7-6-106 shall be followed;

 

(ii) The court shall make the findings required by W.S. 7-6-106and rule 44 of the Wyoming Rules of Criminal Procedure;

 

(iii) The defendant shall complete an affidavit or otherwisedisclose on the record his entire financial situation, including the amount hehas already paid to retain defense counsel, the source of those funds andwhether additional funds are available to him through any means;

 

(iv) The defendant shall disclose the disposition of anyretainer and any amounts remaining; and

 

(v) The state public defender shall be served by thedefendant's retained counsel with a copy of any such request and shall be heardby the court prior to any decision on the request.

 

7-6-110. Use of state or private facilities.

 

 

(a) The public defender or an appointed defending attorney isentitled to use the same state facilities for the evaluation of evidence as areavailable to the prosecuting attorney. If it appears the use of statefacilities is unavailable or inappropriate, the court may authorize the use ofprivate facilities to be paid for by the state public defender.

 

(b) When the public defender or an appointed defending attorneyrequests service of process from the sheriff, no fees shall be charged for suchservice.

 

7-6-111. Office space.

 

The county commissioners of each countyshall provide suitable office space and utility services, other than telephoneservice, for the use of the state public defender and his assistants. Ifsuitable office space for all assistant public defenders cannot be provided,the county commissioners shall provide a monthly stipend to all assistantshoused in private facilities.

 

7-6-112. Applicability of provisions.

 

(a) This act does not apply to:

 

(i) Matters arising out of an action pending in the juvenilecourts of this state unless it is in a juvenile delinquency proceeding;

 

(ii) Representation of an individual in proceedings forhospitalization of mentally ill persons under W.S. 25-10-101 through 25-10-127;

 

(iii) Representation of a person charged in municipal court withviolation of a municipal ordinance; or

 

(iv) Representation of a person in a federal court, exceptpursuant to W.S. 7-6-104(c)(ii).

 

7-6-113. Funding.

 

(a) The total state and federal funding of the public defenderprogram shall be eighty-five percent (85%) of the state public defender budget.

 

(b) Each county shall appropriate funds to supplement the statepublic defender budget in accordance with an equitable formula determined bythe state public defender and the budget division of the department ofadministration and information in cooperation with the legislative serviceoffice, taking into account the following factors:

 

(i) The population of each county;

 

(ii) The assessed valuation of each county; and

 

(iii) The serious crime case load of each county.

 

(c) The total amount of money collected from the counties shallequal fifteen percent (15%) of the state public defender budget. The statepublic defender shall notify each county of its proportional share and shall byJune 30 of each fiscal year invoice the county for its proportionate share. Inthe event a county does not make payments within ninety (90) days, the statetreasurer may deduct the amount from sales tax revenues due to the county fromthe state and shall credit the amount to the general fund.

 

7-6-114. Other legal protections or sanctions.

 

The protections provided by this act do notexclude any protection or sanction that the law otherwise provides.

 

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