Md. Code Regs. 14.06.03.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.06.03.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "District" means an area comprising one or more political subdivisions conforming to the geographic boundaries of the District Court districts established in the Courts and Judicial Proceedings Article, § 1-602, Annotated Code of Maryland.

(2) "District public defender" means the district public defender of each of the various districts described in §B(1), above.

(3) "Division" means an organization subunit through which the Office of the Public Defender provides specialized defense services, including representation in appellate, post-conviction, involuntary institutionalization, child in need of assistance, termination of parental rights, and capital proceedings.

(4) "Division chief" means the attorney-at-law appointed by the public defender to be in charge of a division.

(5) "Expenses", when used with reference to representation under these regulations, means all costs incident to investigation, other pretrial preparation, trial, and appeal of a person accused of a serious crime.

(6) "Indigent" means any person taken into custody or charged with a serious crime as defined under the laws of Maryland or the laws and ordinances of any county, municipality, or Baltimore City, who under oath or affirmation subscribes and states in writing that he is financially unable, without undue hardship, to provide for the full payment of an attorney and all other necessary expenses of legal representation.

(7) "Office" means the Office of the Public Defender, including district offices of the Public Defender and branch offices as are deemed necessary.

(8) "Serious crimes" when used in these regulations applies to serious crimes as defined under the Public Defender Statute, Article 27A, § 2(h), Annotated Code of Maryland, as expanded by Argersinger v. Hamlin, 407 U.S. 31(1972), in which the Court stated that, " . . . absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor or felony, unless he is represented by counsel at his trial." ( 407 U.S. 31 at 35).

Md. Code Regs. 14.06.03.01