Assets and Debts Now a Factor in Public Defender Eligibility in Md.
The Maryland Court of Appeals decided last month that it isn’t enough just to consider criminal defendants’ income in deciding whether they’re eligible to be represented by a public defender.
A person’s available assets and debts at the time of their arrest must also be considered, Maryland Public Defender Paul B. DeWolfe Jr. announced Thursday in response to the court’s April 16 ruling (PDF) in two cases. The new factors began being considered May 17, the Frederick News-Post reported.
DeWolfe told the News-Post that he anticipates the rulings will increase the caseload for the office, which is already working around furlough days ordered by Gov. Martin O’Malley to offset budget shortfalls.
Wisconsin also expanded public defender eligibility in March by way of legislation, InsideTrack reported at the time. That bill expanded state financial eligibility for public defender representation from 1987 Aid to Families with Dependent Children limits to current W-2 limits, which generally are 115 percent of the federal poverty level.
Hat Tip: The Crime Scene (Washington Post)
