2021 Delaware Code
Title 29 - State Government
Chapter 46. Office of Defense Services
§ 4602. Appointment; representation of defendants.
(a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represent, without charge, each indigent person who is under arrest or charged with a crime, if:
(1) The defendant requests it; or
(2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject of record the opportunity to be so represented.
(b) Before arraignment the determination of indigency may be made by the Office of Defense Services. At or after arraignment the determination shall be made by the court.
(c) Any person under the age of 18 arrested or charged with a crime or act of delinquency shall be automatically eligible for representation by the Office of Defense Services.
29 Del. C. 1953, § 4602; 54 Del. Laws, c. 227, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 26, § 1; 80 Del. Laws, c. 278, § 1;
