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50 States - Part A -
Alabama through Kentucky -
In Forma Pauperis


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This page compiles laws supporting appointed counsel in civil and criminal matters in the following States - Part A - Alabama through Kentucky


You can access the other fifty States by the links below:


50 States - Main Page

Part B - Louisiana through North Dakota

Part C - Ohio through Wyoming

Part D - United States Federal


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1. Alabama

ALABAMA CODE 1975

TITLE 13A CRIMINAL CODE

13A-5-54 Appointment of experienced counsel for indigent defendants.

Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided with court appointed counsel having no less than five years’ prior experience in the active practice of criminal law.

*This section applies only to persons indicted for capital offenses. Thatch v. State, 432 So.2d 8 (Ala. Crim. App. 1983); Watson v. State, 439 So.2d 762 (Ala. Crim. App. 1983).

TITLE 15 CRIMINAL PROCEDURE

CHAPTER 12—Defense of Indigents

ARTICLE 1---General Provisions

15-12-1 – Definitions
15-12-2 – Determination of System
15-12-3 – Administration of System
15-12-4 – Commission; generally
15-12-5 – Determining indigency
15-12-6 – Compensation of Counsel

ARTICLE 2---Appointed Counsel

15-12-20 – Determinations by trial judge
15-12-21 – Generally
15-12-22 – Appeals
15-12-23 – Postconviction proceedings
15-12-24 – Calculation of fees
15-12-24.1 -- Administration expenses
15-12-25 – Payment of Fees by Defendant
15-12-26 – Contract Counsel System; generally
15-12-27 -- Contract Counsel System; compensation
15-12-28 – Contract Counsel System; reports
15-12-29 -- Contract Counsel System; construction

ARTICLE 3---Public Defenders

15-12-40 – Selection
15-12-41 – Appointment and Removal
15-12-42 – Powers and Duties
15-12-43 – Salary and Expenses
15-12-44 -- Records and Reports
15-12-45 – Expenditures for other expenses
15-12-46 – Parallel systems permissible

2. Alaska

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

3. Arizona

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

4. Arkansas

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

5. California

Civil Matters:

Statutes: California Civil Code section 22.2

Caselaw: Quail v. Municipal Court - 171 Cal App 3d 571; 217 Cal Rptr 361; Johnson, J., concurring and dissenting (8/85)

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

6. Colorado

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

7. Connecticut

Subj: Appointed Counsel-Connecticut
Date: 3/7/2003 11:43:32 AM Eastern Standard Time
From: Vicki.Nichols@jud.state.ct.us
To: sallykish@aol.com
File: InformaPaperis2.doc (19456 bytes) DL Time (42666 bps): < 1 minute
Sent from the Internet (Details)

Mr. Samson,

As requested, attached are the Connecticut statutes which provide information regarding Appointment of Counsel. You will need to refer to the Connecticut General Assembly's website http://www.cga.state.ct.us/ for the text, history and the annotation.

Our understanding due to budget cuts is that the format for the statutes has not been updated for statues revised as of January 1, 2000.

I hope you will find this information helpful.

Vicki Nichols
Court Management Specialist
(860)722-5887

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Sec. 2-64. Appointment of Attorney to Protect Clients' and Attorney's

Sec. 2-64. Appointment of Attorney to Protect Clients' and Attorney's Interests

Sec. 23-26. - Appointment of Counsel

Sec. 25-62. Appointment of Guardian Ad Litem

Sec. 25-64. - Waiver

Sec. 25-68. Right to Counsel in State Initiated Paternity Actions

Sec. 33a-6. Order of Temporary Custody; [Application and Sworn Statement] Ex Parte Orders and Orders to Appear

Sec. 45a-673. (Formerly Sec. 45-325). Appointment of counsel. Payment of cost for indigent persons.

Sec. 53a-32. Violation of probation or conditional discharge. Arrest. Hearing. Disposition.

Sec. 51-296. Designation of public defender for indigent defendant, codefendant.

8. Delaware

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

9. Florida

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

10. Georgia

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

11. Hawaii

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

12. Idaho

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

13. Illinois

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

14. Indiana

Civil Matters:

Subj: appointment of counsel
Date: 4/4/2003 4:53:35 PM Eastern Standard Time
From: jlaramore@gov.state.in.us
To: sallykish@aol.com
Sent from the Internet (Details)

I believe your inquiry is answered as follows:

Indiana has a statute regarding appointment of counsel for plaintiffs and defendants in civil matters. It is Indiana Code 34-10-1-2. The Indiana Supreme Court has recently construed the statute. The statute is quoted in the case (Sholes v. Sholes). I have attached a link to that case to this email. You can read the link to find the text of the statute as well as the courts' interpretation.

http://www.in.gov/judiciary/opinions/archive/12210101.trb.html

The court summarized its holding as follows:

1) appointment of counsel under the statute is mandatory; (2) counsel appointed under the statute must be compensated; and (3) Indiana Trial Rule 60.5 gives trial courts the power to order payment of appointed counsel [omitting portion regarding constitutional limits on raising money for payment].

I hope this is helpful to you

Jon Laramore
Chief Counsel to the Governor

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

15. Iowa

(NOTE: The information below has been taken from US Mail Letter.)

May 5, 2003

Mr. Alan Joseph Samson
(x)
(x)

Re: Indigent Defense Request For Information - Iowa

Dear Mr. Samson:

In Iowa, appointment of counsel at state expense is dictated by statute. Iowa Code section 815.10(1) (2003) provides that the court shall appoint an attorney for an indigent person at any stage of a criminal proceeding, postconviction, contempt, commitment under chapter 229A, or juvenile proceedings.

Indigency is defined in Iowa Code section 815.9, and is in general, when the person has an income level at or below one hundred twenty-five percent of the poverty income guidelines published by the United States Department of Health and Human Services.

Both of these code sections are available on the state website located at www.legis.state.ia.us.

Please contact me if you have further questions.

Sincerely,

Thomas G. Becker
State Public Defender

16. Kansas

Civil Matters:

Statutes:

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.

17. Kentucky

Civil Matters:

Statutes: Kentucky Revised Statutes Annotated - section 453.190.(1)..."A court shall allow a poor person residing in this state to file or defend any action or appeal therein without paying costs, whereupon he shall have any counsel that the court assigns him and shall have from all officers all needful services and process, including the preparation of necessary transcripts for appeal, without any fees, except such as are included in the costs recovered from the adverse party, and shall not be required to post any bond except in an amount and manner reasonable under the circumstances of his poverty."...

Caselaw:

Misc. Info.

Criminal Matters:

Statutes:

Caselaw:

Misc. Info.


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alan joseph samson
sallykish@aol.com


Misc "In Forma Pauperis" links from Google.com that tend to define the words "In Forma Pauperis".


In grateful respect for my Lord's gift of Proverbs 22(19-29)KJV