24-1-9 - Appointment of counsel for indigent claimants in civil and criminal forfeiture proceedings.
24-1-9. Appointment of counsel for indigent claimants in civil and criminalforfeiture proceedings.
(1) The court may appoint counsel to represent indigent persons in civil and criminalforfeiture proceedings, including owners in criminal forfeiture proceedings who are not chargedas criminal defendants. In determining whether to appoint counsel, the court shall take intoaccount such factors as:
(a) the person's asserted interest in the property;
(b) the person's standing to contest the forfeiture; and
(c) whether the person's allegations appear to be in good faith or to be frivolous.
(2) The court shall set compensation for counsel in forfeiture proceedings at a levelequivalent to compensation provided for counsel appointed in criminal cases.
Enacted by Statewide Initiative B, Nov. 7, 2000