Section 4 - Determination of Financial Need(a) The determination whether a client or responsible party is a needy person eligible for the assignment of counsel at state expense shall be made by the court before which the proceedings relating to the client are pending. Such determination shall take place following the completion of the Affidavit of Financial Status form by the client or responsible party with the assistance of the court, if necessary. The Affidavit of Financial Status shall, upon completion, be sworn to before the court by the person applying for assigned counsel. A statement of financial responsibility of persons committed as mentally ill, filed by the Department of Developmental and Mental Health Services, shall be acceptable in lieu of the Affidavit of Financial Status. The assigned counsel shall not be required to make any certification as to the financial status of the client or responsible person. (b) A needy person is a person who is financially unable, without undue hardship, to provide for full payment of an attorney and all other necessary expenses of representation or who is otherwise unable to employ an attorney. (c) The following presumptions shall govern the determination of financial need: (1) Any person receiving any kind of welfare aid which constitutes a major portion of that person's subsistence is presumed to be a needy person. (2) Any person whose income is at or below poverty income guidelines for nonfarm families established under the Community Services Act of 1974 is presumed to be a needy person. The presently established poverty income guidelines are contained in Appendix B of this order. The Court Administrator shall, at such time as the poverty income guidelines are amended, amend Appendix B to conform with the new guidelines and distribute such income guidelines and any amendments thereto to all judges and all other persons as she or he may deem necessary. (d) Any person who is found to be a needy person but who is not receiving welfare aid and whose income is above the established poverty guidelines shall be presumed to be able to reimburse the state for part of the cost of the attorney's services. The court shall set a fixed amount of reimbursement which shall not be less than $25.00. The court may defer its order of reimbursement until the conclusion of the proceedings or amend its previous order for reimbursement at the conclusion of the proceedings. The court may require the person to submit a new Affidavit of Financial Status before issuing an order of reimbursement or amending its previous order at the conclusion of the proceedings. (e) The clerk of the Supreme Court shall receive complaints concerning determinations that a person is not a needy person eligible for counsel at state expense. The clerk shall forward such complaints to the associate justice assigned to the area in which the trial court is located as provided in Administrative Order No. 14, or such other justice as may be designated by the Chief Justice. Such justice shall make a determination, with or without hearing, as to the merits of the complaint and may: (1) reject the complaint by a letter to the complaining party stating the reasons for such rejection; (2) assign counsel to represent the client subject to such reimbursement conditions as deemed appropriate; or (3) take any other action to effectuate the purpose of this order. Vt. Admin. Ord. Of. Sup. Ct. 4
Adopted Dec. 18, 1991, eff. 3/2/1992; amended 1999, No. 147 Adj. Sess., § 4, eff. 7/1/2000.