§ 16-204
645 words·~3 min read·
/md/criminal-procedure/16-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§16–204. IN EFFECT
(a)Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys.
(1)Indigent defendants or parties shall be provided representation under this title in:
(i)a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense;
(ii)a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge;
(iii)a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article;
(iv)any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result;
(v)a proceeding involving children in need of assistance under § 3–813 of the Courts Article;
(vi)a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including:
1. for a parent, a hearing in connection with guardianship or adoption;
2. a hearing under § 5–326 of the Family Law Article for which the parent has not waived the right to notice; and
3. an appeal; or
(vii)an assisted outpatient treatment proceeding under Title 10, Subtitle 6A of the Health – General Article.
(i)Except as provided in subparagraph
(ii)of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph
(1)of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal.
(ii)Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner.
(c)Subsection (b)(1)(vii) of this section may not be construed to prevent a respondent from retaining private counsel at the respondent’s own expense.
§16–204. // EFFECTIVE JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 //
(a)Representation of an indigent individual may be provided in accordance with this title by the Public Defender or, subject to the supervision of the Public Defender, by the deputy public defender, district public defenders, assistant public defenders, or panel attorneys.
(1)Indigent defendants or parties shall be provided representation under this title in:
(i)a criminal or juvenile proceeding in which a defendant or party is alleged to have committed a serious offense;
(ii)a criminal or juvenile proceeding in which an attorney is constitutionally required to be present prior to presentment being made before a commissioner or judge;
(iii)a postconviction proceeding for which the defendant has a right to an attorney under Title 7 of this article;
(iv)any other proceeding in which confinement under a judicial commitment of an individual in a public or private institution may result;
(v)a proceeding involving children in need of assistance under § 3–813 of the Courts Article; or
(vi)a family law proceeding under Title 5, Subtitle 3, Part II or Part III of the Family Law Article, including:
1. for a parent, a hearing in connection with guardianship or adoption;
2. a hearing under § 5–326 of the Family Law Article for which the parent has not waived the right to notice; and
3. an appeal.
(i)Except as provided in subparagraph
(ii)of this paragraph, representation shall be provided to an indigent individual in all stages of a proceeding listed in paragraph
(1)of this subsection, including, in criminal proceedings, custody, interrogation, bail hearing before a District Court or circuit court judge, preliminary hearing, arraignment, trial, and appeal.
(ii)Representation is not required to be provided to an indigent individual at an initial appearance before a District Court commissioner.