Page:United States Statutes at Large Volume 88 Part 1.djvu/1134

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[88 STAT. 1090]
[88 STAT. 1090]
PUBLIC LAW 93-000—MMMM. DD, 1975

1090

PUBLIC LAW 93-412-SEPT. 3, 1974

[88 STAT.

SEC. 2. Title 11 of the District of Columbia Code is amended by adding at the end thereof the following new chapter: "Chapter 26.—REPRESENTATION OF INDIGENTS IN CRIMINAL CASES "Sec. "11-2601. Plan for furnishing representation to indigents in criminal cases. "11-2602. Appointment of counsel. "11-2603. Duration and substitution of appointments. "11-2604. Payment for representation. "11-2605. Services other than counsel. "11-2606. Receipt of other payments. "11-2607. Preparation of budget. "11-2608. Authorization of appropriations. "11-2609. Authority of council. D. C. Code 11 2601.

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D.C. Code 23 701. D.C. Code 16 1901.

D.C. Code 21501.

D.C 2602.

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^ 11-2601. Plan for furnishing representation of indigents in criminal cases '"The Joint Committee on.Judicial Administration shall place in operation, within ninety clays 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 offeusc for which the sixth amendment to the Constitution requires .

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the appointment ot counsel or tor whom, m a case winch he faces loss of liberty, any law of the District of Columbia requires the api^ointment of counsel; "(2) who is under arrest, when such representation is required by law; "(8) 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 Code (remedies on motion attacking sentence), " (R) Chapter 7 of title 23 of the District of Columbia (\)de (extradition and fugitives from justice), " (C) Chapter 19 of title 16 of the District of Columbia Code (habeascorpus), " (D) Section 928 of the Act of March 8, 1901 (D.C. Code, sec. 24-302) (commitment 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 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. "§ 11-2602. Appointment of counsel "Counsel furnishing representation under the plan shall in every case be selected from panels of attorneys designated and approved by the courts. In all cases where a person faces a loss of liberty and the Constitution or any other law requires the appointment of counsel, the court shall advise the defendant or respondent that he has the