600.086. Eligibility for representation, rules to establish--indigency, how determined, procedure, appeal--false statements, penalty--investigation authorized.
Eligibility for representation, rules to establish--indigency, howdetermined, procedure, appeal--false statements,penalty--investigation authorized.
600.086. 1. A person shall be considered eligible forrepresentation under sections 600.011 to 600.048 and 600.086 to600.096 when it appears from all the circumstances of the caseincluding his ability to make bond, his income and the number ofpersons dependent on him for support that the person does nothave the means at his disposal or available to him to obtaincounsel in his behalf and is indigent as hereafter determined.
2. Within the parameters set by subsection 1 of thissection, the commission may establish and enforce such furtherrules for courts and defenders in determining indigency as may benecessary.
3. The determination of indigency of any person seeking theservices of the state public defender system shall be made by thedefender or anyone serving under him at any stage of theproceedings. Upon motion by either party, the court in which thecase is pending shall have authority to determine whether theservices of the public defender may be utilized by the defendant. Uponthe courts finding that the defendant is not indigent, the publicdefender shall no longer represent the defendant. Any such personclaiming indigency shall file with the court an affidavit which shallcontain the factual information required by the commission under ruleswhich may be established by the commission in determining indigency.
4. Any person who intentionally falsifies such affidavit inorder to obtain state public defender system services shall beguilty of a class A misdemeanor.
5. The director or anyone serving under him may institutean investigation into the financial status of any person seekingthe services of the state public defender system at such times asthe circumstances shall warrant. In connection therewith heshall have the authority to require any person seeking theservices of the state public defender system or the parents,guardians or other persons responsible for the support of aperson seeking the services of the state public defender systemwho is a minor or those persons holding property in trust orotherwise for such person to execute and deliver such writtenauthorization as may be necessary to provide the director oranyone serving under him with access to records of public orprivate sources, otherwise confidential, or any other informationwhich may be relevant to the making of a decision as toeligibility under this chapter. The director, chief deputydirector, each public defender and each assistant and deputypublic defender or designee are authorized to obtain informationfrom any office of the state or any subdivision, or agencythereof or political subdivision on request and without paymentof any fees. Any office of the state or any subdivision, oragency thereof or political subdivision from which the director,chief deputy director, public defender and each assistant anddeputy public defender or designee requests information pursuantto this section shall supply such information, without payment ofany fees.
6. The burden shall lie on the accused or the defendant toconvince the defender or the court of his eligibility to receivelegal services, in any conference, hearing or question thereon.
(L. 1976 H.B. 1095 § 600.052, A.L. 1982 H.B. 1169, A.L. 1993 S.B. 180)