Chapter 10 - Right to Counsel

Chapter 10 - Right to Counsel

46.1001 Representation of indigent persons.


(a) The public defender shall represent as counsel, without charge, each indigent person who is under arrest for or charged with committing a felony, misdemeanor, immigration law, or traffic violation; and

(1) the defendant requests it; or

(2) the court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject, of record, the opportunity to be represented by legal counsel in the pro-ceeding.

(b) The public defender shall represent indigent persons charged in any court with crimes which constitute juveniles upon whom a delinquency petition is filed or who are in any way restrained by court order, process, or otherwise; persons held in any institution against their will by process or otherwise for the treatment of any disease or disorder or confined for the protection of the public; and those persons charged with violations of the traffic code; provided

(1) the indigent person, or his parent or legal guardian, in delinquency, requests it; or

(2) the court, on its own motion or otherwise, so orders, the defendant, or his parent or legal guardian.

(c) The determination of indigence shall be made by the High Court.