Section 16-208 - Panel attorneys.
§ 16-208. Panel attorneys.
(a) List of available attorneys to be maintained.-
(1) Subject to the authority and supervision of the Public Defender, each district public defender shall maintain a confidential list of private attorneys available to be appointed as attorneys for indigent individuals eligible for representation under this title.
(2) Each attorney on the list shall be:
(i) admitted to practice law in the State; and
(ii) placed on various panels in accordance with qualification criteria that the Public Defender sets forth, based on:
1. the nature and complexity of the offense requiring representation;
2. the trial or appellate experience of the attorney; and
3. any other factor necessary to ensure competent representation.
(b) Representation of indigent individuals.-
(1) Except in cases in which an attorney in the Office provides representation, the district public defender, subject to the supervision of the Public Defender, shall appoint an attorney from an appropriate panel to represent an indigent individual.
(2) Panel attorneys shall be used as much as practicable.
(c) Primary duty of panel attorneys.-
(1) The primary duty of a panel attorney is to the indigent individual represented by the panel attorney with the same effect and purpose as though privately engaged by that individual and without regard to the use of public funds to provide the service.
(2) A panel attorney shall report to the Office as the regulations of the Public Defender require.
(3) This subsection does not preclude the designation or assignment of different individuals to perform various parts of the service.
(d) Compensation.-
(1) A panel attorney shall file a petition to be compensated by the Public Defender for fees and expenses incident to representing indigent individuals, including investigation, other pretrial preparation, trial, and appeal.
(2) The Office shall authorize payment of fees and expenses according to schedules prepared under § 16-207(b)(2) of this subtitle and from funds appropriated by the State budget.
(3) A panel attorney may not receive a fee for services in addition to that provided in accordance with this title.
(4) To be compensated for fees or expenses that the Public Defender disapproves or that exceed those authorized for payment, a panel attorney may seek a review by a regional advisory board.
(5) All fees and expenses paid to panel attorneys, including any authorized by a regional advisory board, shall be paid out of funds appropriated by the State budget.
(e) Staff and technical assistance.- The Office may provide staff and technical assistance to a panel attorney appointed to represent an indigent individual.
[An. Code 1957, art. 27A, §§ 6(a)-(e), 2(e), (g); 2008, ch. 15, § 2.]