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Part A - Alabama through Kentucky
Part D - United States Federal
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Caselaw: From Mosher and Diaz v. Carroll 2000 Mich. App. Lexis 336 - ..."Under MCR 5.915(B)(1), respondent-appellant did not have the right to appointment of counsel until she first requested that counsel be appointed and the court made a determination regarding respondent-appellant's financial inability to retain counsel. Counsel could then be appointed to represent respondent-appellant 'at any later hearing' pursuant to MCR 5.915(B)(1)(a)(ii)."...
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Public Defenders Now Coming With A Cost
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Subj: RE: Status Report - Appointment of Counsel list
Date: 3/24/2003 2:39:03 PM Eastern Standard Time
From: JDion@NH.Gov
To: Sallykish@aol.com
Sent from the Internet (Details)
Dear Mr. Samson,
In civil matters they would be referred to http://www.mv.com/ipusers/larc/. Thank you.
Joe Dion
Governor's Customer Service
Subj: RE: Status Report - Appointment of Counsel list
Date: 3/24/2003 12:50:53 PM Eastern Standard Time
From: JDion@NH.Gov
To: Sallykish@aol.com
Sent from the Internet (Details)
Dear Mr. Samson,
I believe the link you are looking to obtain is as follows: http://www.gencourt.state.nh.us/rsa/html/lix/604-b/604-b-2.htm Thank you.
Joe Dion
Governor's Customer Service
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Statutes: (Note to me..."We have received your request for information on how and when publicly-paid counsel is provided in civil (and criminal) matters in New York State.
The primary statutory authority for provision of counsel for those who cannot afford to hire counsel is County Law Article 18-B. This law requires each county to devise a plan for the provision of counsel to indigent CRIMINAL defendants. N.Y. County Law 722 (Consol. 2001). In 1975, the legislature extended 18-B representation to include indigent persons in Family Court, including respondents to Article 10 petitions or "the parent of any child seeking custody or contesting the substantial infringement of his or her right to custody of such child." N.Y. Fam. Ct. Act 262 (Consol. 2001).
The statutes you mention, New York Civil Practice Law and Rules, sections 1101 and 1102, deal primarily with waiver of fees for people who cannot afford to pay court fees. As you may have already noted, in most instances in civil cases, appointment of counsel is "a matter within the court's discretion rather than a constitutional or statutory right." Wilson v State (1979) 101 Misc 2d 924, 422 NYS2d 347. The statute (1102) provides that "The court in its order permitting a person to proceed as a poor person MAY assign an attorney" [emphasis added] but it does not say the court must do so.
I hope this information is helpful. It is not intended to be legal advice for you or any individual.")
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Misc. Info. - Association of Assigned Counsel website includes the following information:
..."Assigned counsel attorneys (commonly called "18-B" attorneys under the statute that provides for their funding, Article 18-B of the County Law, 722-b) are certified by the Appellate Division and assigned by the respective Family or Criminal Court to represent indigent clients. In Criminal Court, they represent defendants in violation, misdemeanor, family offense or felony proceedings. In Family Court, 18-B attorneys are certified to represent juveniles or adults in numerous types of proceedings including custody, guardianship, visitation, support, child neglect and abuse, foster care, termination of parental rights, adoption, delinquency and PINS proceedings. The Courts also assign 18-B attorneys to represent parties on the appellate level.
The hourly rate of compensation is limited by statute to $25.00 for out-of-court work, and $40.00 for in-court time and for appeals. As such, the rates have not been changed since 1985 and at the time were acknowledged by OCA to be well below the then existing market rate but believed to be sufficient to at least be able to get attorneys on board. Out-of-court appellate rates, however, were changed from $25.00 to $40.00 in 1987 due to a shortage of attorneys. In contrast to 722-b, 722-c permits the Appellate Division to set the rates of compensation for any forensic, professional or non-professional services the attorneys may seek to utilize in their trial preparation. At the present time, the Courts will authorize the payment to forensic experts in the range of $125.00 per hour, and to social workers the rate of $45.00 per hour, and to investigators the rate of $30.00. Those rates apply out of court as well as in-court. Thus, 18-B attorneys today are the lowest paid individuals involved in the trial process.
Family court filings increased 32.4 percent in New York City from 1989 and 1998. Last year, Manhattan had 28,098 new cases and Brooklyn had 59,061, said David Bookstaver, a spokesman for the State Office of Court Administration.
Attorneys participating in the assigned counsel programs are independent contractors, and as such are required to cover their own general overhead expenses from the already low hourly fees they earn. Not surprisingly, the number of attorneys on the 18-B panels has been dwindling, even as case loads have risen in all courts. Due to the inadequate rate of compensation, there are not enough 18-B attorneys to handle the cases in the Court system. The failure of the Court system to have adequate staffing of assigned counsel results in cases being needlessly delayed and creating a further burden on an already congested Court system."...
Subj: North Carolina law
Date: 3/21/2003 10:26:52 AM Eastern Standard Time
From: Danielle.M.Carman@nccourts.org
To: sallykish@aol.com
Sent from the Internet (Details)
Mr. Samson --
I am writing in response to your request for information on appointed counsel in North Carolina.
In August 2000, the North Carolina General Assembly passed the Indigent Defense Services Act of 2000, which created a new statewide Office of Indigent Defense Services, housed in the Judicial Department and governed by the Commission on Indigent Defense Services . Effective July 1, 2001, the General Assembly charged the IDS Office and IDS Commission with the responsibility of overseeing the provision of legal representation to indigent defendants and others entitled to counsel at state expense.
To fulfill that obligation, the Commission has adopted rules governing the provision of legal services to indigent persons. Those rules are posted in full at www.ncids.org
I believe that the following excerpt from the commentary to those rules addresses your question:
Commentary:
"G.S. 7A-498.3(a) places virtually all cases in which a person is entitled to counsel at state expense under the oversight of the IDS Office. The cases covered are:
1. cases in which an indigent person is entitled to legal representation under G.S. 7A-451 and G.S. 7A-451.1;
2. cases in which the IDS Office is designated by other statutes as responsible for providing legal representation; and,
3. cases in which an indigent person is subject to a deprivation of liberty or other constitutionally protected interest, and is entitled by law to legal representation.
Most of the cases in which a person has a right to counsel fall within the first category. That is, cases designated in G.S. 7A-451 and 7A-451.1. Readers should consult those statutes for a complete listing of proceedings. The following two types of cases are included in this first category, though current G.S. 7A-451(a)(12) and (a)(15) refer to former provisions of the Juvenile Code:
cases in which a person is a parent of a juvenile alleged to be abused, neglected, or dependent pursuant to G.S. 7B-602; and proceedings to terminate a person's parental rights pursuant to G.S. 7B-1101.
The General Assembly has recognized a right to counsel in miscellaneous proceedings not covered by G.S. 7A-451 and 7A-451.1, and with respect to most of those proceedings the provision of counsel is subject to the oversight of the IDS Office. The covered cases include:
cases in which the parent, guardian, or custodian of a juvenile who has run away petitions a court for issuance of a requisition for the juvenile's return, and the juvenile is subsequently brought before a court pursuant to a detention order under G.S. 7B-2804(a);
cases in which a delinquent juvenile has absconded from probation or parole supervision, or escaped from institutional custody, and the juvenile is subsequently brought before a court pursuant to a detention order under G.S. 7B-2805(a);
cases in which a law enforcement officer has seized property from an unknown or unapprehended defendant, or from a defendant willfully absent from the jurisdiction, and the lawful owner petitions a court for return of the property pursuant to G.S. 15A-11.1(b);
cases in which a person is subject to a non-testimonial identification procedure under G.S. 15A-279(d);
cases in which a material witness appears for a hearing on a motion for an order assuring his or her attendance at a criminal proceeding under G.S. 15A-803(d);
cases in which a criminal defendant elects to represent himself or herself and the court determines that standby counsel should be appointed pursuant to G.S. 15A-1243;
cases in which a person is taken or charged on any order of arrest for default of bail, or on surrender of bail, or in execution of arrest for any debt or damages rendered in any action, and such person petitions the court for provisional release pursuant to G.S. 23-30.1; and,
cases in which a minor has been voluntarily admitted to a mental health or substance abuse facility pursuant to G.S. 122C-224.1.
Also included in this second category are cases in which the guardian ad litem program operated by the Administrative Office of the Courts (AOC) has a conflict of interest and is unable to represent a juvenile alleged to be abused, neglected, or dependent. Under G.S. 7B-1202, the court may appoint a private attorney to represent the juvenile. Provision of legal representation in cases in which the court appoints a private attorney is subject to the oversight of the IDS Office; cases in which the AOC's guardian ad litem program provides representation are not subject to IDS oversight.
The third category of cases under IDS oversight are cases in which the courts have recognized a right to appointed counsel. For example, the defendant has a constitutional right to counsel in child support contempt proceedings in which the defendant faces a sentence of actual imprisonment. See McBride v. McBride, 334 N.C. 124, 431 S.E.2d 14 (1993) (finding right to counsel whether contempt proceeding is designated as civil or criminal)."
I hope this information helps.
Danielle M. Carman, Assistant Director
Office of Indigent Defense Services
919-560-3380
Danielle.M.Carman@nccourts.org
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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