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Pennsylvania Statutes Title 16 P.S. Counties § 9960.6. Duties

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) The public defender shall be responsible for furnishing legal counsel, in the following types of cases, to any person who, for lack of sufficient funds, is unable to obtain legal counsel:

(1) Where a person is charged with juvenile delinquency;

(2) Critical pretrial identification procedures;

(3) Preliminary hearings;

(4) State habeas corpus proceedings;

(5) State trials, including pretrial and posttrial motions;

(6) Superior Court appeals;

(7) Pennsylvania Supreme Court appeals;

(8) Postconviction hearings, including proceedings at the trial and appellate levels;

(9) Criminal extradition proceedings;

(10) Probation and parole proceedings and revocation thereof;

(11) In any other situations where representation is constitutionally required.

(b) The public defender, after being satisfied of the person's inability to procure sufficient funds to obtain legal counsel to represent him, shall provide such counsel.

Every person who requests legal counsel shall sign an affidavit that he is unable to procure sufficient funds to obtain legal counsel to represent him and shall provide, under oath, such other information as may be required by the court, the public defender, or the Pennsylvania Rules of Criminal Procedure.

(c) The public defender, when appointed by the court, shall furnish legal counsel to persons who are or may be subject to commitment in a proceeding under the act of October 20, 1966 (3rd Sp. Sess., P.L. 96, No. 6),  1 known as the “Mental Health and Mental Retardation Act of 1966.”

1 50 P.S. § 4101 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 16 P.S. Counties § 9960.6. Duties - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-16-ps-counties/pa-st-sect-16-9960-6/

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