Sec. 51-296. Designation of public defender for indigent defendant, codefendant.
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.
(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. Cited. 233 C. 215. Cited. 242 C. 689.
Cited. 19 CA 686. Although there is no constitutional right to habeas counsel, section requires that counsel appointed
must render effective assistance. 24 CA 723. Statute does not create a right to counsel in filing a petition for certification
to the Supreme Court. 54 CA 400. To safeguard habeas petitioner's right to effective assistance of habeas counsel, habeas
court, like a criminal trial court, has an affirmative obligation to explore the possibility that habeas counsel has a conflict
of interest when that possibility is brought to the attention of the habeas court in a timely manner. 87 CA 126. Petitioner
not entitled to court-appointed attorney as petition for new trial does not fall within the scope of any of the proceedings
enumerated in the statute. 101 CA 213.
Subsec. (a):
Failure of appellate legal counsel to file certification of appeal deprived defendant of effective legal counsel. 257 C.
632. Indigent defendant has right to appointed counsel to determine if there is a sound basis for filing motion to correct
an illegal sentence and, if appointed counsel determines there is a basis, to file such a motion. 282 C. 614.
Petition which arises from conditions of confinement does not "arise from a criminal matter" within the meaning of
subsection and therefore the petitioner is not entitled to appointed counsel. 49 CS 1.