Sec. 51-297. Determination of indigency; definition, investigation, reimbursement for services, appeal. Penalty for false statement.
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.
(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.
Subsec. (a):
Cited. 38 CS 464, 467.
Subsec. (b):
Applies to applicants who obtain assistance in completing public defender applicant form. 9 CA 111.