Appointment Eligibility

An accused is presumed indigent if any of the following conditions or factors are present:

1.      At the time of requesting appointed counsel, the accused or accused’s dependents are eligible to receive food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or public housing.

2.      The accused’s net household income does not exceed 125% of the Poverty Guidelines as revised annually by the United States Department of Health and Human Services and published in the Federal Register.

3.      The accused is currently serving a sentence in a correctional institution, is currently residing in a public mental health facility, or is subject to a proceeding in which admission or commitment to such a mental health facility is sought.

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An accused who does not meet any of the standards above shall nevertheless be considered indigent if the accused is unable to retain private counsel without substantial hardship to the accused or the accused’s dependents. In considering if obtaining private counsel will create a substantial hardship, the appointing authority shall take into account:

1.      the nature of the criminal charge(s)

2.      anticipated complexity of the defense

3.      the estimated cost of obtaining competent private legal representation for the matter(s) charged

4.      the amount needed for the support of the accused and the accused’s dependents

5.      accused’s income

6.      source of income

7.      assets and property owned

8.      outstanding obligations

9.      necessary expenses

10.  the number and ages of dependents

11.  spousal income that is available to the accused