Procedure for appointment of attorney for indigent defendant.
1. Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal judge or master, request the appointment of an attorney to represent him.
2. The request must be accompanied by the defendantís affidavit, which must state:
(a) That he is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainty concerning his financial disability.
3. The district judge, justice of the peace, municipal judge or master shall forthwith consider the application and shall make such further inquiry as he considers necessary. If the district judge, justice of the peace, municipal judge or master:
(a) Finds that the defendant is without means of employing an attorney; and
(b) Otherwise determines that representation is required,
the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent him. If the appropriate public defender is unable to represent him, or other good cause appears, another attorney must be appointed.
4. The county or State Public Defender must be reimbursed by the city for costs incurred in appearing in municipal court. The county shall reimburse the State Public Defender for costs incurred in appearing in justiceís court. If a private attorney is appointed as provided in this section, he must be reimbursed by the county for appearance in justiceís court or the city for appearance in municipal court in an amount not to exceed $75 per case.
Last modified: February 25, 2006