§ 11–2601. Plan for furnishing representation of indigents in criminal cases.

The Joint Committee on Judicial Administration shall place in operation, within ninety days after the effective date of this chapter, in the District of Columbia a plan for furnishing representation to any person in the District of Columbia who is financially unable to obtain adequate representation —

(1) who is charged with a felony, or misdemeanor, or other offense for which the sixth amendment to the Constitution requires the appointment of counsel or for whom, in a case in which such person faces loss of liberty, any law of the District of Columbia requires the appointment of counsel;

(2) who is under arrest, when such representation is required by law;

(3) who is charged with violating a condition of probation or parole in custody as a material witness, or seeking collateral relief, as provided in —

(A) Section 23-110 of the District of Columbia Official Code (remedies on motion attacking sentence),

(B) Chapter 7 of Title 23 of the District of Columbia Official Code (extradition and fugitives from justice),

(D) Section 928 of the Act of March 8, 1901 (D.C. Official Code, sec. 24-502) (commitment 04 of mentally ill person while serving sentence);

(4) who is subject to proceedings pursuant to Chapter 5 of Title 21 of the District of Columbia Official Code (hospitalization of the mentally ill);

(5) who is a juvenile and alleged to be delinquent or in need of supervision.

Representation under the plan shall include counsel and investigative, expert, and other services necessary for an adequate defense. The plan shall include a provision for private attorneys, attorneys furnished by the Public Defender Service, and attorneys and qualified students participating in clinical programs.

(Sept. 3, 1974, 88 Stat. 1090, Pub. L. 93-412, § 2; June 13, 1994, Pub. L. 103-266, § 1(b)(116), 108 Stat. 713.)

Prior Codifications

1981 Ed., § 11-2601.

1973 Ed., § 11-2601.

Section References

This section is referenced in § 7-1304.12, § 11-2607, and § 16-2335.01.

Cross References

Family Division proceedings, right to counsel, see § 16-2304.

Representation of indigents by Public Defender Service, see § 2-1602.

Emergency Legislation

For temporary amendment of section, see § 505 of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 805 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

Section 1001(b) of D.C. Act 11-44 provided that § 505 of that act shall expire on October 1, 1995.

Section 1701(b) of D.C. Act 11-124 provided that § 805 of that act shall expire on October 1, 1995.

Editor's Notes

Appropriations approved: Public Law 103-334, 108 Stat. 2577, the District of Columbia Appropriations Act, 1995, provided that funds appropriated for expenses under § 11-2601 et seq. for the fiscal year ending September 30, 1995, shall be available for obligations incurred under the Act in each fiscal year since inception in fiscal year 1975.

Appropriations approved: Public Law 104-194, 110 Stat. 2358, the District of Columbia Appropriations Act, 1997, provided that funds appropriated for expenses under § 11-2601 et seq. (the District of Columbia Criminal Justice Act, 88 Stat. 1090; Pub. L. 93-412) for the fiscal year ending September 30, 1997, shall be available for obligations incurred under the Act in each fiscal year since inception in fiscal year 1975.