Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 06 - OFFICE OF THE PUBLIC DEFENDER
Chapter 14.06.03 - Eligibility for Services
Section 14.06.03.01 - Definitions
Universal Citation: MD Code Reg 14.06.03.01
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "District" means an area comprising one
or more political subdivisions conforming to the geographic boundaries of the
District Court districts established in the Courts and Judicial Proceedings
Article, §
1-602,
Annotated Code of Maryland.
(2)
"District public defender" means the district public defender of each of the
various districts described in §B(1), above.
(3) "Division" means an organization subunit
through which the Office of the Public Defender provides specialized defense
services, including representation in appellate, post-conviction, involuntary
institutionalization, child in need of assistance, termination of parental
rights, and capital proceedings.
(4) "Division chief" means the
attorney-at-law appointed by the public defender to be in charge of a
division.
(5) "Expenses", when used
with reference to representation under these regulations, means all costs
incident to investigation, other pretrial preparation, trial, and appeal of a
person accused of a serious crime.
(6) "Indigent" means any person taken into
custody or charged with a serious crime as defined under the laws of Maryland
or the laws and ordinances of any county, municipality, or Baltimore City, who
under oath or affirmation subscribes and states in writing that he is
financially unable, without undue hardship, to provide for the full payment of
an attorney and all other necessary expenses of legal representation.
(7) "Office" means the Office of the Public
Defender, including district offices of the Public Defender and branch offices
as are deemed necessary.
(8)
"Serious crimes" when used in these regulations applies to serious crimes as
defined under the Public Defender Statute, Article 27A, § 2(h), Annotated
Code of Maryland, as expanded by Argersinger v. Hamlin, 407 U.S. 31(1972), in
which the Court stated that, " . . . absent a knowing and intelligent waiver,
no person may be imprisoned for any offense, whether classified as petty,
misdemeanor or felony, unless he is represented by counsel at his trial." ( 407
U.S. 31 at 35).
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