Maryland Public Defender Section 7
§ 7.
(a) Eligibility for the services of the Office of the Public Defender shall be determined on the basis of the need of the person seeking legal representation. Need shall be measured according to the financial ability of the person to engage and compensate competent private counsel and to provide all other necessary expenses of representation. Such ability shall be recognized to be a variable depending on the nature, extent and liquidity of assets; the disposable net income of the defendant; the nature of the offense; the effort and skill required to gather pertinent information; the length and complexity of the proceedings; and any other foreseeable expenses. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, the office may undertake representation of an indigent person provisionally, and if it shall subsequently determine that the person is ineligible, it shall so inform the person, and the person shall thereupon be obliged to engage his own counsel and to reimburse the office for the cost of the services rendered to that time.
(b) The Office of the Public Defender shall make such investigation of the financial status of each defendant at such time or times as the circumstances shall warrant, and in connection therewith the office shall have the authority to require a defendant to execute and deliver such written requests or authorizations as may be necessary under applicable law to provide the office with access to records of public or private sources, otherwise confidential, as may be needed to evaluate eligibility. The office is authorized to obtain information from any public record office of the State or of any subdivision or agency thereof upon request and without payment of any fees ordinarily required by law.
(c) In all cases where it appears that the defendant has or reasonably expects to have means to meet some part of the expenses for services rendered to him, he shall be required to reimburse the office, either by a single payment or in installments, in such amounts as he can reasonably be expected to pay; but no default or failure in the making of any such payment shall affect or reduce the rendering of services to him.
(d) The reasonable value of the services rendered to a defendant pursuant to this article shall constitute a lien on any and all real property or personalty in which the defendant shall have or acquire an interest, except for the residence of the defendant. To perfect such lien, the Public Defender shall submit to the court having jurisdiction in the matter an affidavit setting forth the services rendered to the defendant and the reasonable value thereof. The court shall set a hearing date and shall notify the defendant of the date and the fact that an affidavit was filed by the Public Defender. The defendant may appear and may be represented by counsel, present evidence, and examine witnesses. The defendant may contest the filing of the affidavit to perfect a lien by the Public Defender for the reasonable value of the services rendered. If the court determines that the Public Defender is not entitled to a lien, the proceeding shall be dismissed. If the court determines that the Public Defender is entitled to a lien for services rendered to the defendant, the court shall determine and adjudge the reasonable value of said services. Upon adjudication, a lien shall be filed or docketed with the clerk of the circuit court or District Court where the services were performed or where the defendant works or resides, and from the date thereof shall constitute a lien on the defendant's property for a period of 10 years unless sooner discharged and, except for such time limitation, shall have the force and effect of a judgment at law.
(e) The clerks of the circuit courts and the District Court throughout the State shall provide separate books for the recording of said liens, which books shall be properly indexed in the name of the debtor. The Public Defender shall not be required to pay filing or recording fees.
(f) The Department of Budget and Management, central collection unit, on behalf of the Public Defender and in the name of the State shall do all things necessary and proper to collect all moneys due to the State by way of reimbursement for services rendered pursuant to this article.
(g) A court exercising criminal jurisdiction shall order a defendant to reimburse the State for services rendered to the defendant by the Public Defender as a term or condition of any sentence, judgment, or probation imposed by it unless the court affirmatively finds that the defendant does not have the ability to make such reimbursement and waives the term or condition. The amount, time, and method of payment shall be established by the court. In all other cases of reimbursement for services rendered, collection shall be made in accordance with subsection (f) of this section.
(h) (1) (i) A court exercising other than criminal jurisdiction shall order an individual represented by the Public Defender to reimburse the State for the reasonable value of services rendered to the individual by the Public Defender in an amount that the individual may reasonably be able to pay.
(ii) If the individual represented by the Public Defender is a minor, the court shall order the parents, guardian, or custodian of the minor to reimburse the State for the reasonable value of services rendered to the individual by the Public Defender in an amount that the parents, guardian, or custodian may reasonably be able to pay.
(2) Before ordering reimbursement under this subsection, a court shall grant an opportunity to be heard to the individual or the parents, guardian, or custodian of a minor.
(3) The court shall establish the amount to be paid, the method of payment, and the time that payment is to be paid.
