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| Chapter 1600 – Public Defender Rules of Instruction |
(a) The Lackawanna County Public Defender’s Office shall provide an attorney to represent any eligible adult charged with a crime who makes an application.
(b) An applicant is eligible for a public defender if, and only if, his or her family income is not in excess of poverty guidelines based on a family size as published by the United States Department of Health and Human Services at the time of applying. Income shall include all income considered by the United States Department of Health and Human Services in establishing poverty guidelines. The office of the Public Defender will make available to the public the currently published “Poverty Guidelines” of the United States Department of Health and Human Services. The services of a public defender shall not be available to any applicant having family income in excess of the poverty guidelines applicable to his or her situation.
(c) -------
(d) Upon initial application, which must be submitted forty-eight (48) hours prior to the defendant’s hearing in Central Court, the Public Defender’s Office shall investigate the applicant’s income. In the event the applicant is accepted and proceeds to a jury or non-jury trial, said office shall reexamine information immediately prior to trial to determine whether the applicant continues to meet the poverty guidelines.
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