Table of Contents Sec. 51-289. Public Defender Services Commission established. Judicial Department to provide facilities in courts. Compensation plan. (a) There is established
a Public Defender Services Commission which shall consist of seven members appointed as follows: (1) The Chief Justice shall appoint two judges of the Superior Court,
or a judge of the Superior Court and any one of the following: A retired judge of the
Superior Court, a former judge of the Superior Court, a retired judge of the Circuit Court,
or a retired judge of the Court of Common Pleas; (2) the speaker of the House, the
president pro tempore of the Senate, the minority leader of the House and the minority
leader of the Senate shall each appoint one member; (3) the Governor shall appoint a
chairman. Sec. 51-290. Chief Public Defender and Deputy Chief Public Defender; appointment, qualifications, removal, salary. (a) The Public Defender Services Commission shall appoint: (1) A Chief Public Defender for a term of four years and until
the appointment and qualification of his successor; and (2) a Deputy Chief Public Defender for a term of four years who shall assist the Chief Public Defender. The Deputy
Chief Public Defender shall exercise the duties and powers of the Chief Public Defender
in his absence or upon his designation. Any vacancy in the offices of Chief Public
Defender or Deputy Chief Public Defender shall be filled by the commission for the
balance of the term of the person he succeeds. Sec. 51-291. Duties of Chief Public Defender. Commission report. Budget. The
Chief Public Defender shall: Sec. 51-292. Expenses included in commission's budget. Reasonable expenses
of, or incurred by, the commission, the Chief Public Defender, or those serving pursuant
to the provisions of this chapter, including rental of facilities, witnesses summoned,
costs of transcripts ordered from court reporters, costs of service of process, and costs
of equipment, and other necessary disbursements or costs of defense shall be paid from
the budget of the commission upon approval of the commission. Sec. 51-293. Public defenders, assistants and deputies; appointment, terms,
qualifications, suspension, removal, salaries. Special assistant public defenders. (a)
(1) The commission shall appoint a public defender for each judicial district and a public
defender who shall handle appellate matters and provide legal support services to public
defender offices, each of whom shall serve as public defender in the Superior Court and
as many assistant public defenders and deputy assistant public defenders for the Superior
Court as the criminal or delinquency business of the court may require. (2) This section
shall not prevent a judge of the Superior Court from appointing a special assistant public
defender on a contractual basis for a temporary period of time in an appropriate case,
whose expenses and compensation shall be paid from the budget of the Public Defender
Services Commission and in accordance with the rates of compensation approved by
the commission pursuant to subsection (l) of section 51-291. Whenever possible, any
such appointment shall be made from a list of attorneys provided by the commission
and submitted to the court by the office of the Chief Public Defender. Subsequent to
his appointment as a special assistant public defender, an attorney may not solicit or
accept from or on behalf of his client any money or article of value of any kind either
as a fee for services performed or to be performed or as payment for costs or expenses
incurred or to be incurred. (3) At the direction of the Chief Public Defender, any Superior
Court public defender, assistant public defender, deputy assistant public defender or
other person employed by the Division of Public Defender Services may be required to
act in such capacity in another judicial district or geographical area when the demands
of criminal business or delinquency proceedings necessitate it. Sec. 51-294. Reappointment of public defenders serving on October 1, 1975.
Section 51-294 is repealed. Sec. 51-295. Retirement and disability of public defenders. Retirement credit.
Except as provided in section 51-295a, the Chief Public Defender, the Deputy Chief
Public Defender, and each public defender, assistant public defender and deputy assistant public defender shall be included under the provisions of chapters 65 and 66, regarding retirement and disability of state employees. Each such person shall receive retirement credit in accordance with the provisions of section 5-190a for each year or portion
thereof for which retirement contributions are paid when serving as Chief Public Defender, Deputy Chief Public Defender, public defender, assistant public defender, deputy assistant public defender, state's attorney, assistant state's attorney or prosecutor or
assistant prosecutor in the Superior Court, Court of Common Pleas or in the Circuit
Court. Sec. 51-295a. Retirement of certain public defenders. Retirement salary.
Credit for prior service. Transfer or return of contributions. Pension for surviving
spouse. (a) Each public defender incumbent on July 1, 1978, may elect to be included
in the provisions of this section and section 51-49, and in each such case, the Comptroller
shall deduct five per cent of the salary of each such public defender as contributions for
the purposes of this section and section 51-49, provided any such public defender who
has so elected may thereafter elect to be included under the provisions of chapters 65 and
66 and upon such election his past contributions under this section shall be transferred to
the State Employees Retirement Fund and he shall be credited with all prior service. The
Chief Public Defender and the Deputy Chief Public Defender may elect to be included in
the provisions of this section and section 51-49, and in each such case, the Comptroller
shall deduct five per cent of the salary of such person as contributions for the purposes
of this section and section 51-49. Sec. 51-295b. Longevity payments for Chief Public Defender and Deputy
Chief Public Defender. Each Chief Public Defender and Deputy Chief Public Defender
who has completed not less than ten years of service as a defense attorney of the Judicial
Department or the Public Defender Services Commission shall receive semiannual longevity payments based upon such service completed as of the first day of July and the
first day of January of each year, as follows: (1) Each Chief Public Defender and Deputy
Chief Public Defender who has completed ten or more years but less than fifteen years
of service shall receive one-quarter of three per cent of the annual salary of his office;
(2) each Chief Public Defender and Deputy Chief Public Defender who has completed
fifteen or more years but less than twenty years of service shall receive one-half of three
per cent of the annual salary of his office; (3) each Chief Public Defender and Deputy
Chief Public Defender who has completed twenty or more years but less than twenty-
five years of service shall receive three-quarters of three per cent of the annual salary
of his office; (4) each Chief Public Defender and Deputy Chief Public Defender who
has completed twenty-five or more years of service shall receive three per cent of the
annual salary of his office. Sec. 51-296. Designation of public defender for indigent defendant, codefendant. (a) In any criminal action, in any habeas corpus proceeding arising from a criminal
matter, in any extradition proceeding, or in any delinquency matter, the court before
which the matter is pending shall, if it determines after investigation by the public defender or his office that a defendant is indigent as defined under this chapter, designate
a public defender, assistant public defender or deputy assistant public defender to represent such indigent defendant, unless, in a misdemeanor case, at the time of the application
for appointment of counsel, the court decides to dispose of the pending charge without
subjecting the defendant to a sentence involving immediate incarceration or a suspended
sentence of incarceration with a period of probation or the court believes that the disposition of the pending case at a later date will not result in a sentence involving immediate
incarceration or a suspended sentence of incarceration with a period of probation and
makes a statement to that effect on the record. If it appears to the court at a later date
that, if convicted, the sentence of an indigent defendant for whom counsel has not been
appointed will involve immediate incarceration or a suspended sentence of incarceration
with a period of probation, counsel shall be appointed prior to trial or the entry of a plea
of guilty or nolo contendere. Sec. 51-297. Determination of indigency; definition, investigation, reimbursement for services, appeal. Penalty for false statement. (a) A public defender, assistant
public defender or deputy assistant public defender shall make such investigation of the
financial status of each person he has been appointed to represent or who has requested
representation based on indigency, as he deems necessary. He shall cause the person to
complete a written statement under oath or affirmation setting forth his liabilities and
assets, income and sources thereof, and such other information which the commission
shall designate and require on forms furnished for such purpose. Sec. 51-298. Reimbursement of commission by financially able defendants.
Actions by Attorney General. (a) (1) If at any time, either during or after the disposition
of his case, a defendant who is receiving or has received public defender services based
on his indigency becomes financially able to meet all or some part of the cost of the
services rendered to him, he shall be required to reimburse the commission, in such
amounts as he can reasonably pay, either by a single payment or by installments of
reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission. (2) Difficulty or failure in the making of payment
shall not reduce or in any way affect the rendering of public defender services to the
person. Sec. 51-299. Eligibility of minors for public defender services. Powers of investigation. Whenever a person requesting services pursuant to this chapter is under the
age of eighteen years eligibility for services shall be measured in terms of the financial
circumstances of such person and of his parents, guardians, or those legally responsible
for the support of said person. The commission shall be entitled to recover the reasonable
cost of legal services, as determined in accordance with the schedule of reasonable
charges for public defender services provided by the commission, from the parents,
guardians, trustees or those legally responsible for the support of such person and the
provisions of section 51-298 shall apply to said persons. In so doing, it shall have the
authority to require said parents, guardians or other such persons as well as those persons
holding property in trust or otherwise for such minor or unemancipated person to execute
and deliver to the commission or its employees any written requests or authorizations
required under applicable law or otherwise to provide the Chief Public Defender or those
serving under him with access to such records of public or private sources, otherwise
confidential, or any other information which may be relevant to the question of eligibility
or liability to the commission under this chapter.
Sec. 51-289. Public Defender Services Commission established. Judicial Department to provide facilities in courts. Compensation plan.
Sec. 51-290. Chief Public Defender and Deputy Chief Public Defender; appointment, qualifications, removal, salary.
Sec. 51-291. Duties of Chief Public Defender. Commission report. Budget.
Sec. 51-292. Expenses included in commission's budget.
Sec. 51-293. Public defenders, assistants and deputies; appointment, terms, qualifications, suspension, removal, salaries. Special assistant public defenders.
Sec. 51-294. Reappointment of public defenders serving on October 1, 1975.
Sec. 51-295. Retirement and disability of public defenders. Retirement credit.
Sec. 51-295a. Retirement of certain public defenders. Retirement salary. Credit for prior
service. Transfer or return of contributions. Pension for surviving spouse.
Sec. 51-295b. Longevity payments for Chief Public Defender and Deputy Chief Public Defender.
Sec. 51-296. Designation of public defender for indigent defendant, codefendant.
Sec. 51-297. Determination of indigency; definition, investigation, reimbursement for
services, appeal. Penalty for false statement.
Sec. 51-298. Reimbursement of commission by financially able defendants. Actions by Attorney General.
Sec. 51-299. Eligibility of minors for public defender services. Powers of investigation.
Sec. 51-300. Confidentiality of statement in support cases.
(b) The chairman shall serve for a three-year term and all appointments of members
to replace those whose terms expire shall be for terms of three years.
(c) No more than three of the members, other than the chairman, may be members
of the same political party. Of the four nonjudicial members, other than the chairman,
at least two shall not be members of the bar of any state.
(d) If any vacancy occurs on the commission, the appointing authority having the
power to make the initial appointment under the provisions of this chapter shall appoint
a person for the unexpired term in accordance with the provisions of this chapter.
(e) Members shall serve without compensation but shall be reimbursed for actual
expenses incurred while engaged in the duties of the commission. Members of this
commission shall not be employed or nominated to serve as public defenders or in any
other position created under this chapter.
(f) The commission may adopt such rules as it deems necessary for the conduct of
its internal affairs.
(g) The commission shall be responsible for carrying out the purposes of this chapter
and to carry out those purposes it shall adopt rules relating to the operations of a Division
of Public Defender Services and shall provide any facilities other than those provided
in the courts by the Judicial Department necessary for the carrying out of those services.
Public defender services shall consist of those duties carried out by Superior Court and
Court of Common Pleas public defenders prior to July 1, 1978, and those responsibilities
provided for by this chapter. Public defender services shall be executed by a Chief Public
Defender, a deputy chief public defender, public defenders, assistant public defenders,
deputy assistant public defenders, investigators and other personnel which the commission deems necessary.
(h) The Judicial Department shall provide adequate facilities for public defenders,
assistant public defenders and deputy assistant public defenders in the various courts.
(i) The commission shall establish a compensation plan comparable to that established for the Division of Criminal Justice in chapter 886, as it may be amended, and
shall make rules relative to employees serving under the chapter, including sick leave
and vacation time.
(j) The commission shall be an autonomous body within the Judicial Department
for fiscal and budgetary purposes only.
(P.A. 74-317, S. 1, 14; P.A. 76-436, S. 574, 681; P.A. 82-248, S. 144.)
History: P.A. 76-436 changed membership of commission to add extra superior court judge and to make appointment
of former judge of circuit court or common pleas court optional rather than mandatory, specifying that such former judge
is to be retired, so as to reflect transfer of all trial jurisdiction to superior court in Subsec. (a) and similarly amended Subsec.
(d) to reflect transfer of jurisdiction and to include deputy assistant public defenders, effective July 1, 1978; P.A. 82-248
rephrased and reorganized the section, deleted provisions concerning the terms of office of the initial appointees, and added
Subsec. (j) concerning the autonomous nature of the commission which was formerly part of Sec. 51-291.
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(b) The Chief Public Defender and Deputy Chief Public Defender shall be attorneys-
at-law admitted to practice in this state for at least five years.
(c) The Chief Public Defender and the Deputy Chief Public Defender shall each
devote his full time to the duties of his office and shall not otherwise engage in the
practice of law or be a partner, member or associate of a law firm.
(d) The Chief Public Defender and Deputy Chief Public Defender shall not be removed or suspended from office during their terms except by order of the commission
for just cause after due notice and hearing.
(e) The salaries of the Chief Public Defender and the Deputy Chief Public Defender
shall be the same as that paid to the Chief State's Attorney and to deputy chief state's
attorneys, respectively, under the provisions of chapter 886.
(P.A. 74-317, S. 2, 14; P.A. 75-530, S. 31, 35; P.A. 76-436, S. 575, 681; P.A. 82-248, S. 145.)
History: P.A. 75-530 changed deadline for appointment of chief public defender from April 1, 1975, to June 15, 1975;
P.A. 76-436 specified that duty of deputy chief public defender is to assist the chief public defender rather than to "supervise
public defender services in the court of common pleas", reflecting transfer of all trial jurisdiction to superior court, effective
July 1, 1978; P.A. 82-248 rephrased and reorganized the section and inserted Subsec. indicators.
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(1) Direct and supervise the work of the Deputy Chief Public Defender and all
public defenders, assistant public defenders, deputy assistant public defenders and other
personnel appointed pursuant to this chapter; and he and the Deputy Chief Public Defender may participate in the trial of criminal actions.
(2) Submit to the commission, between August fifteenth and September fifteenth
of each year, a report which shall include all pertinent data on the operation of the
Division of Public Defender Services, the costs, projected needs, and recommendations
for statutory changes, including changes in the civil and criminal law, and changes in
court rules, which may be appropriate to the improvement of the system of criminal
justice, the rehabilitation of offenders and other related objectives. Prior to October
fifteenth of each year, the commission shall submit the report along with such recommendations, comments, conclusions, or other pertinent information it chooses to make,
to the Chief Justice, the Governor and the members of the committee on judiciary of
the General Assembly. The reports shall be public records, shall be maintained in the
office of the Chief Public Defender, and shall be otherwise distributed as the commission
shall direct.
(3) With the approval of the commission, establish such divisions, facilities and
offices and select such professional, technical and other personnel, including investigators, as he deems reasonably necessary for the efficient operation and discharge of the
duties of public defender services under this chapter, subject to the personnel policies
and compensation plan established by the commission.
(4) Administer, coordinate and control the operations of defender services and be
responsible for the overall supervision and direction of all personnel, offices, divisions
and facilities of the Division of Public Defender Services.
(5) Develop programs and administer activities to achieve the purposes of this
chapter.
(6) At his discretion, consult and cooperate with professional bodies and groups
concerning the causes of criminal conduct, means for reducing the commission of
crimes, the rehabilitation and correction of those convicted of crimes, and the improvement of the administration and conduct of public defender services.
(7) Keep and maintain proper financial records with respect to the providing of all
public defender services for use in the calculating of direct and indirect costs of any or
all aspects of the operation of public defender services.
(8) Supervise the training of all public defenders, assistant public defenders, deputy
assistant public defenders and other personnel and establish such training courses as
shall be appropriate.
(9) Promulgate necessary rules, regulations and instructions, consistent with this
chapter, defining the organization of his office and the responsibilities of public defenders, assistant public defenders, deputy assistant public defenders and other personnel.
(10) With the approval of the commission, apply for and accept on behalf of the
Division of Public Defender Services, any funds which may be offered or which may
become available from government grants, private gifts, donations or bequests, or from
any other source, and with the approval of the commission expend the funds to carry
out the purposes of this chapter.
(11) Maintain one or more lists of trial lawyers who may be available to represent
persons in habeas corpus proceedings arising from criminal matters, or to represent
juveniles in delinquency matters before the court, or to represent persons in other appropriate matters on a case by case basis, as needed, which lawyers shall be selected by a
judge of the court before which the matter is to be heard.
(12) Establish compensation for lawyers selected under subdivision (11) of this
section for their services with the approval of the commission, to be paid from the budget
of the Public Defender Services Commission.
(13) Prepare and submit to the commission estimates of appropriations necessary
for the maintenance and operation of public defender services, and make recommendations with respect thereto; and with the approval of the commission, and after such
modification as the commission directs, submit the budget requests to the Governor.
(P.A. 74-317, S. 3, 14; P.A. 75-530, S. 25, 35; P.A. 76-436, S. 576, 681; P.A. 82-248, S. 146.)
History: P.A. 75-530 required maintenance of list of lawyers to represent juveniles in delinquency matters before the
juvenile court in Subdiv. (k); P.A. 76-436 added references to deputy assistant public defenders in Subdivs. (a), (h) and
(i), effective July 1, 1978; P.A. 82-248 rephrased the section, deleted the provision making the commission an autonomous
body within the judicial department and made that provision a part of Sec. 51-289, and replaced the alphabetic Subdiv.
indicators with numeric indicators.
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(P.A. 74-317, S. 11, 14.)
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(b) The commission shall appoint, on recommendation of the Chief Public Defender, and fix the compensation of, all other personnel necessary to the operation of
the Division of Public Defender Services.
(c) The term of office for public defenders, assistant public defenders and deputy
assistant public defenders shall be for four years and until the appointment and qualification of their successors. Any vacancy in the office of public defender, assistant public
defender or deputy assistant public defender may be filled by the commission for the
balance of the term of the person he succeeds.
(d) Each public defender, assistant public defender and deputy assistant public defender shall devote his full time to the duties of his office, shall not engage in the private
practice of law, and shall not be a partner, member or associate of a law firm.
(e) Notwithstanding any other provision of this section, the commission may, if it
believes it to be in the best interest of providing efficient defender services to the public,
allow one or more public defenders, assistant public defenders or deputy assistant public
defenders to serve on a part-time basis in areas where it determines that part-time services
more satisfactorily fulfill the needs of the division and the public.
(f) No public defender, assistant public defender or deputy assistant public defender
may be removed from office during his term except by order of the commission after
due notice and hearing. A recommendation for removal from office may be initiated by
the Chief Public Defender.
(g) A public defender, assistant public defender or deputy assistant public defender
may be suspended for cause without pay by the Chief Public Defender for a period
of not more than fifteen working days. Such a suspension shall be reviewed by the
commission at the request of the public defender, assistant public defender or deputy
assistant public defender. If the action of the Chief Public Defender is reversed, full
payment of salary for the period of the suspension shall be made. A public defender,
assistant public defender or deputy assistant public defender may be suspended or continued under suspension without pay for a period of more than fifteen working days
only upon a majority vote of the commission after due notice and a hearing.
(h) Public defenders, assistant public defenders and deputy assistant public defenders shall receive salaries as established by the commission pursuant to this chapter. The
salaries paid to public defenders, assistant public defenders and deputy assistant public
defenders in the Superior Court shall be comparable to those paid to state's attorneys,
assistant state's attorneys and deputy assistant state's attorneys in the various judicial
districts in the court.
(i) The public defenders and assistant public defenders shall, at the time of their
appointment, be attorneys-at-law, admitted to the practice of law in this state.
(P.A. 74-317, S. 4, 14; P.A. 75-479, S. 2, 25; 75-530, S. 26, 35; P.A. 76-189; 76-436, S. 577, 681; P.A. 77-452, S. 21,
72; P.A. 78-280, S. 1, 3, 127; P.A. 80-191; 80-287; P.A. 82-248, S. 147; 82-291; P.A. 83-587, S. 60, 96.)
History: P.A. 75-479 deleted provision in Subsec. (d) re October 1, 1976, deadline for election of part-time defenders
to become full-time; P.A. 75-530 specified that expenses of special defender for temporary appointment shall be paid from
commission's budget in Subsec. (a)(4) and added reference to defender's actions in delinquency proceeding in Subsec.
(a)(5)(ii); P.A. 76-189 amended Subsec. (f) to substitute "all courts" for specific reference to superior and common pleas
courts and to delete previous requirement that defenders and assistant defenders in superior court and defenders in common
pleas courts have practiced law for five years and that assistant defenders in common pleas and defenders in juvenile courts
have practiced law for at least three years; P.A. 76-436 applied provisions to deputy assistant public defenders and amended
provisions to reflect transfer of all trial jurisdiction to superior court deleting previous provisions specifically applicable
to defenders in common pleas and juvenile courts, effective July 1, 1978; P.A. 77-452 made technical correction in Subsec.
(f), deleting "in all courts" for conformity with P.A. 76-436; P.A. 78-280 substituted "judicial district(s)" for "county(ies)"
or deleted references to counties where necessary; P.A. 80-191 amended Subsec. (a) to make appointment of public defender
mandatory rather than optional, to require appointment of public defender to handle appellate matters and provide legal
support services and to apply Subdiv. (3) to persons other than public defenders employed by division of public defender
services; P.A. 80-287 added detailed provisions re suspension from office in Subsec. (d); P.A. 82-248 rephrased the section,
redesignated parts of Subsec. (d) as Subsecs. (e), (f) and (g) and redesignated the remaining Subsecs. accordingly, and
deleted provisions concerning the continuation in service of part-time public defenders who were serving on October 1,
1975; P.A. 82-291 amended Subsec. (a) to provide that compensation of special public defenders be paid in accordance
with rates approved by the commission and that after appointment an attorney may not solicit or accept any money or
article of value as a fee for services or as payment for costs or expenses; P.A. 83-587 made a technical amendment in
Subsec. (a).
Cited. 194 C. 510, 519, 529. Cited. 233 C. 44, 55.
Subsec. (a):
Subdiv. (2) cited. 40 CA 460, 463.
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(P.A. 74-317, S. 5, 14; P.A. 82-248, S. 163.)
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(P.A. 74-317, S. 6, 14; P.A. 76-436, S. 578, 681; P.A. 82-248, S. 148; 82-280; P.A. 84-421, S. 3, 4; P.A. 85-475, S. 2,
3; P.A. 86-348, S. 4, 8.)
History: P.A. 76-436 applied provisions to deputy assistant public defenders, effective July 1, 1978; P.A. 82-248
rephrased provisions but made no substantive changes; P.A. 82-280 deleted the prohibition on persons who were not
serving as public defenders on October 1, 1974 from continuing to serve as public defenders after age sixty-five; P.A. 84-
421 excluded from provisions of section any public defender included in provisions of Sec. 51-295a and Sec. 51-49,
effective July 1, 1985; P.A. 85-475 deleted provisions re retirement credit for chief public defender, deputy chief public
defender, public defenders not included in Secs. 51-295a and 51-49, assistant public defenders and deputy assistant public
defenders, and added provision that such individuals shall receive retirement credit in accordance with Sec. 5-190a; P.A.
86-348 deleted exclusion from provisions of section of any public defender included in provisions of Sec. 51-295a and
Sec. 51-49 and substituted reference to provisions of Sec. 51-295, and provided retirement credit for service as chief public
defender, deputy chief public defender or deputy assistant public defender.
See Sec. 5-190a re retirement credit.
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(b) Each person who elected to be included in the provisions of this section and
section 51-49 and who has attained the age of sixty-five or who attains the age of sixty-
five while serving in office, and each such person who has attained the age of sixty and
so elects, or who attains the age of sixty while serving in office and so elects, shall
receive annually as retirement salary, for each year he has served in such office, one-
tenth of two-thirds of the salary of such office, as such salary may be changed from time
to time, but in no event more than two-thirds of such salary.
(c) Each such person shall, for retirement purposes, be entitled to credit for any or
all the prior years of service accrued by him on the date of his appointment as Chief
Public Defender, Deputy Chief Public Defender or public defender, while serving in
the office of (1) Chief Public Defender, (2) Deputy Chief Public Defender, (3) public
defender, assistant public defender or deputy assistant public defender in the Superior
Court, Court of Common Pleas or Circuit Court, (4) state's attorney, assistant state's
attorney or deputy assistant state's attorney in the Superior Court, (5) prosecuting attorney or assistant prosecuting attorney in the Court of Common Pleas or the Circuit Court,
or (6) executive secretary or assistant executive secretary of the Judicial Department,
provided such person shall pay to the Comptroller five per cent of the salary of his office
for each prior year of service he claims for retirement credit. Each such person shall be
entitled to have his retirement contributions to the state employees retirement system
under chapter 66 credited toward the payment due for the prior years of service he claims
for retirement credit.
(d) If any such person resigns or is removed from office before his retirement under
this section, he shall be entitled to the return of all contributions made by him under
this section, without interest, except that if such person has completed at least ten years
of credited service under this section, he may, at his option, elect instead to receive a
retirement income on a reduced actuarial basis, as determined by the Comptroller.
(e) Each spouse of a person who elected to be included in the provisions of this
section and section 51-49, if such person died while holding the office of Chief Public
Defender, Deputy Chief Public Defender or public defender or after his retirement under
this section or section 51-49, shall receive a monthly allowance equal to one-twelfth of
thirty-three and one-third per cent of the salary of the office which such person held at
the time of his death or retirement, as such salary may be changed from time to time.
If such person leaves no surviving spouse, or if the surviving spouse dies before the
youngest child of such person reaches the age of eighteen, such monthly allowance shall
be payable, until such child reaches the age of eighteen, to his guardian, for the support
of such child and any other children of such person under the age of eighteen.
(f) For purposes of determining the retirement salary of each Chief Public Defender,
Deputy Chief Public Defender or public defender under subsection (b) of this section
and the allowance payable to their surviving spouses under subsection (e) of this section,
"salary of the office" shall be composed of the total of the following amounts: The
annual salary of the office which he held at the time of his retirement, as such salary
may be changed from time to time and for each Chief Public Defender, Deputy Chief
Public Defender and public defender to whom a longevity payment has been made or
is due and payable, in each instance under section 51-295b or section 5-213, (1) one
and one-half per cent of annual salary, as such salary may change from time to time,
for those who have completed ten or more but less than fifteen years of service as a
Chief Public Defender, Deputy Chief Public Defender or public defender, (2) three per
cent of annual salary, as such salary may change from time to time, for those who have
completed fifteen or more but less than twenty years of service as Chief Public Defender,
Deputy Chief Public Defender or public defender, (3) four and one-half per cent of
annual salary, as such salary may change from time to time, for those who have completed twenty or more but less than twenty-five years of service as a Chief Public Defender, Deputy Chief Public Defender or public defender, and (4) six per cent of annual
salary, as such salary may change from time to time, for those who have completed
twenty-five or more years of service as a Chief Public Defender, Deputy Chief Public
Defender or public defender.
(g) The Comptroller shall deduct from the longevity payable under section 51-295b
or section 5-213 to each Chief Public Defender, Deputy Chief Public Defender or public
defender who is included in the provisions of this section and section 51-49, five per
cent of the longevity payment as contributions for the purposes of this section and section
51-49.
(P.A. 84-421, S. 1, 4; P.A. 86-348, S. 5, 8.)
History: P.A. 84-421 effective July 1, 1985; P.A. 86-348 amended Subsec. (a) to authorize chief public defender and
deputy chief public defender to elect to be included in this section and Sec. 51-49 and to require contributions of five per
cent of salary for purposes of said sections, amended Subsec. (b) to provide chief public defender and deputy chief public
defender with retirement credit for prior service in enumerated offices and expanded enumerated offices to include chief
public defender, deputy chief public defender or public defender, added Subsec. (f) defining "salary of the office" for
purposes of determining retirement salary and added Subsec. (g) requiring contributions of five per cent of longevity
payment for purposes of this section and Sec. 51-49, and made technical changes to reflect ability of chief public defender
and deputy chief public defender to elect to be included in said sections.
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(P.A. 84-399, S. 11, 17.)
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(b) In the case of codefendants, the court may appoint one or more public defenders,
assistant public defenders or deputy assistant public defenders to represent such defendants or may appoint counsel from the trial list established under section 51-291.
(c) Prior to a defendant's appearance in court in any matter specified in subsection
(a) of this section, a public defender, assistant public defender or deputy assistant public
defender, upon a determination that the defendant is indigent pursuant to subsection (a)
of section 51-297, shall be authorized to represent the defendant until the court appoints
counsel for such defendant.
(P.A. 74-317, S. 7, 14; P.A. 75-530, S. 27, 35; P.A. 76-436, S. 579, 681; P.A. 82-362; P.A. 95-261, S. 5.)
History: P.A. 75-530 authorized appointment of public defender to represent indigent defendant in delinquency matters
in Subsec. (a); P.A. 76-436 applied provisions to deputy assistant public defenders, deleted specific reference to juvenile
court proceeding and proviso re accused in court of common pleas bound over to superior court all jurisdiction having
been transferred to superior court, effective July 1, 1978; P.A. 82-362 amended Subsec. (a) by adding provision that
appointment is not required in misdemeanor case unless it appears that sentence of incarceration or suspended sentence
of incarceration with a period of probation will be imposed; P.A. 95-261 added Subsec. (c) re representation of indigent
defendant prior to appearance in court.
Cited. 223 C. 834, 838, 839. Cited. 233 C. 215, 219. Cited. 242 C. 689.
Cited. 19 CA 686, 691, 692. Although there is no constitutional right to habeas counsel, section requires that counsel
appointed must render effective assistance. 24 CA 723, 726.
Subsec. (a):
Cited. 223 C. 834, 838.
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(b) Any person who intentionally falsifies a written statement in order to obtain
appointment of a public defender, assistant public defender or deputy assistant public
defender shall be guilty of a class A misdemeanor.
(c) If a public defender, assistant public defender or deputy assistant public defender
is appointed to provide assistance to any person and he subsequently determines that
the person is ineligible for assistance, the public defender, assistant public defender or
deputy assistant public defender shall promptly inform the person in writing and make
a motion to withdraw his appearance if filed, or his appointment if made by the court,
as soon as it is practical to do so without prejudice to the case, giving the defendant a
reasonable time to secure private counsel. If the withdrawal is granted by the court, the
person shall reimburse the commission for any assistance which has been provided for
which the person is ineligible.
(d) Reimbursement to the commission shall be made in accordance with a schedule
of reasonable charges for public defender services which shall be provided by the commission.
(e) The Chief Public Defender or anyone serving under him may institute an investigation into the financial status of each defendant at such times as the circumstances
shall warrant. In connection therewith, he shall have the authority to require a defendant
or the parents, guardians or other persons responsible for the support of a minor defendant, or those persons holding property in trust or otherwise for a defendant, to execute
and deliver such written authorizations as may be necessary to provide the Chief Public
Defender, or anyone serving under him, with access to records of public or private
sources, otherwise confidential, or any other information, which may be relevant to the
making of a decision as to eligibility under this chapter. The Chief Public Defender, the
Deputy Chief Public Defender, and each public defender, assistant public defender and
deputy assistant public defender or designee, are authorized to obtain information from
any office of the state or any subdivision or agency thereof on request and without
payment of any fees.
(f) As used in this chapter "indigent defendant" means (1) a person who is formally
charged with the commission of a crime punishable by imprisonment and who does not
have the financial ability at the time of his request for representation to secure competent
legal representation and to provide other necessary expenses of legal representation and
(2) a child who has a right to counsel under the provisions of subsection (a) of section
46b-135 and who does not have the financial ability at the time of his request for representation to secure competent legal representation and to provide other necessary expenses
of legal representation.
(g) If the Chief Public Defender or anyone serving under him determines that an
individual is not eligible to receive the services of a public defender under this chapter,
the individual may appeal the decision to the court before which his case is pending.
(P.A. 74-317, S. 8, 14; P.A. 75-530, S. 28, 35; P.A. 76-436, S. 580, 681; P.A. 80-421; P.A. 81-472, S. 91, 159; P.A.
82-248, S. 149.)
History: P.A. 75-530 redefined "indigent defendant" in Subsec. (f) to include persons having right to counsel under
Sec. 17-66f; P.A. 76-436 applied provisions to deputy assistant public defenders, effective July 1, 1978; P.A. 80-421
redefined "indigent defendant" to remove provision of P.A. 75-530 and to include children having right to counsel under
Sec. 46b-135(a); P.A. 81-472 amended Subsec. (f) to provide that an "indigent person" is one who is unable to secure
competent legal counsel and other necessary legal expenses; P.A. 82-248 rephrased the section but made no substantive
changes.
Cited. 9 CA 111, 113.
Subsec. (a):
Cited. 9 CA 111, 114.
Cited. 38 CS 464, 467.
Subsec. (b):
Applies to applicants who obtain assistance in completing public defender applicant form. 9 CA 111−114.
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(b) The commission shall have a claim against any person represented by a public
defender, assistant public defender or deputy assistant public defender pursuant to this
chapter, for the reasonable value of services rendered to him, as determined in accordance with the schedule of reasonable charges for public defender services provided by
the commission. The claim shall be enforceable by civil action brought in the name of
the state on behalf of the commission by the Attorney General, at any time within ten
years from the last date on which any services were rendered. Money so recovered shall
be repaid to the commission. The Attorney General shall do all things necessary and
proper to collect all money due to the commission by way of reimbursement for services
rendered pursuant to this chapter. He shall have all the remedies and may take all necessary proceedings for the collection of amounts due which may be had or taken for or
upon the recovery of a judgment in a civil action and may institute and maintain any
action or proceeding in the courts necessary therefor. In any such proceedings or action,
the defendant may contest the value of the services rendered pursuant to this chapter
by any public defender, assistant public defender or deputy assistant public defender.
(c) The Attorney General may compromise and make settlement of, or with the
concurrence of the Chief Public Defender, forego any claims for services performed for
any person pursuant to this chapter whenever the financial circumstances of a person
are such that the best interest of the state will be served by such action.
(P.A. 74-317, S. 9, 14; P.A. 76-436, S. 581, 681; P.A. 82-248, S. 150.)
History: P.A. 76-436 applied provisions to deputy assistant public defenders, effective July 1, 1978; P.A. 82-248
rephrased the section but made no substantive changes.
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(P.A. 74-317, S. 10, 14.)
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