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What is a Court Appointed Attorney?
Court Appointed Attorney
'Your Honor, this wise guy wants a court appointed attorney!'
You may be entitled to a court-appointed attorney at no cost to you either because of the type of case you are involved in or because you are indigent (unable to afford an attorney and the court finds that you are indigent after reviewing information about your income, property, expenses, and other financial information). If you cannot afford an attorney and are entitled to a court-appointed attorney if you are indigent, the court will give you a form to complete that gives the court information about your financial situation. Sometimes the court will require repayment of some or all of the costs of a court-appointed attorney. Below are the situations where the court may appoint an attorney:
- The court will appoint an court appointed attorney for an indigent defendant in a criminal case if the offense charged requires on conviction a minimum term in jail or the court determines that it might sentence the defendant to jail.
- The court will appoint an court appointed attorney for an indigent respondent in a civil contempt proceeding for child support enforcement matters if the court is considering jail as a penalty for non-payment.
- The court will appoint an attorney for an indigent respondent in a criminal contempt proceeding concerning a personal protection order.
- The court will appoint an attorney for an indigent juvenile in a delinquency proceeding, or if the juvenile isn't indigent, the court may appoint an attorney for a juvenile in certain other situations.
- The court will appoint an attorney in all cases involving a mentally ill person or a developmentally disabled person.
- The court will appoint an attorney for an indigent respondent in a child protective proceeding.
- The court will appoint a court appointed attorney ad litem for all children subject to a protective services petition.
- The court may appoint an court-appointed attorney for an indigent non-custodial parent in contesting termination of parental rights in a step-parent adoption.
- The court may appoint an court appointed attorney for a minor who has filed a petition for emancipation and may appoint an attorney for that minor's parents or guardian if they are indigent and oppose the petition.
- The court will appoint an court appointed attorney for an indigent person who is the subject of a petition for testing or commitment for infectious disease.
- The court may appoint an court appointed attorney for a child in a child custody dispute.
- The court may appoint an court appointed attorney for a minor in a guardianship, conservatorship or protective case.
- The court will appoint an court appointed attorney for a legally incapacitated person who does not already have an attorney in a proceeding to modify a guardianship.
- The court will appoint an court appointed attorney for an indigent defendant in a criminal case if the offense charged requires on conviction a minimum term in jail or the court determines that it might sentence the defendant to jail.
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