Trial Division - Financial Eligibility
All adult applicants for public defender representation are required by state
law to meet strict financial guidelines to qualify for appointment of an attorney
by the State Public Defender, other than in proceedings under chapters 51 and 55.
In the Trial Division, staff of the State Public
Defender assist applicants by asking them the pertinent questions and completing
the financial form. Information provided during this process is subject to
verification for accuracy.
Applicants may apply at the local State Public Defender office that serves the
county in which the case will be heard (see
Directory for addresses,
telephone numbers, and geographical coverage of local offices). The application
process typically takes about 15 minutes, although in some cases the applicant
needs to provide documents to verify specific information.
The eligibility determination considers the applicant's income and assets
(including spousal income and assets), family size, essential expenses beyond
ordinary living expenses, and the type of case for which the applicant seeks
representation.
If the applicant qualifies for public defender representation, he or she is
given the information on attorney fees (see section on
Fee for Trial
Representation). An attorney is assigned to the case, either a State Public
Defender staff attorney or a private attorney certified by the State Public
Defender to provide representation in the applicable type of case.
If the applicant is not eligible for public defender representation, he or
she may apply to the court for appointment of an attorney at county expense.
The staff of the State Public Defender can provide information regarding the
process in the local county for seeking a court-appointed attorney.
