(1) The state public defender shall represent as counsel, without charge except as provided in subsection (3) of this section, each indigent person who is under arrest for or charged with committing a felony if:
The defendant requests it and he complies with subsection (3) of this section; or
The court, on its own motion or otherwise, so orders and the defendant does notaffirmatively reject, of record, the opportunity to be represented by legal counsel in the proceeding. When appointed by the court, the office of the state public defender shall be limited to defending the indigent person and shall not be appointed to act as advisory counsel. The court shall not appoint a public defender to represent a defendant if such defendant does not fall within the fiscal standards or guidelines established by the supreme court for appointment of public defenders.
(2) The state public defender shall represent indigent persons charged in any court with crimes which constitute misdemeanors and in which the charged offense includes a possible sentence of incarceration; juveniles upon whom a delinquency petition is filed or who are in any way restrained by court order, process, or otherwise; persons held in any institution against their will by process or otherwise for the treatment of any disease or disorder or confined for the protection of the public; and such persons charged with municipal code violations as the state public defender in his or her discretion may determine, subject to review by the court if:
The indigent person or his parent or legal guardian in delinquency or other actionsunder article 2 of title 19, C.R.S., requests it and complies with subsection (3) of this section; or
The court, on its own motion or otherwise, so orders or requests and the defendant orhis or her parent or legal guardian in delinquency or other actions under article 2 of title 19, C.R.S., does not affirmatively reject, of record, the opportunity to be represented by legal counsel in the proceeding. The court shall not appoint a public defender to represent the defendant, or his or her parent or legal guardian, if such person does not fall within the fiscal standards or guidelines established by the supreme court.
The determination of indigency shall be made by the state public defender, subject toreview by the court. When a defendant or, if applicable, the defendant's parent or legal guardian requests representation by a public defender, such person shall submit an appropriate application, the form of which shall state that such application is signed under oath and under the penalty of perjury and that a false statement may be prosecuted as such. A nonrefundable processing fee of twenty-five dollars shall be paid by the applicant if the court-appointed counsel enters an appearance based upon the application. The fee shall be assessed at the time of sentencing or adjudication, if sentencing or adjudication occurs, or upon other final disposition of the case; except that the court may, at sentencing, adjudication, or other final disposition, waive the fee if the court determines, based upon the financial information submitted by the party being represented by the court-appointed counsel, that the person does not have the financial resources to pay the fee. Before the court appoints a public defender based on said application, the court shall advise the defendant or, if applicable, the defendant's parent or legal guardian that the application is signed under oath and under the penalty of perjury. A copy of the application shall be sent to the prosecuting attorney for review, and, upon request, the court shall hold a hearing on the issue of the eligibility for appointment of the public defender's office. Processing fees collected pursuant to this subsection (3) shall be transmitted to the state treasurer, who shall credit the same to the general fund.
Nothing is this section shall be construed to authorize the public defender to represent or advise any person who is physically outside the state of Colorado and who has not made a court appearance in the pending matter in the state of Colorado.
Nothing in this section may be construed to prevent the public defender, before determining indigency, from providing representation to juveniles in detention hearings.
Source: L. 69: R&RE, p. 255, § 30. C.R.S. 1963: § 39-21-3. L. 81: (2) amended, p. 929, § 3, effective September 1. L. 81: (4) added, p. 924, § 2, effective May 26. L. 88: (1)(a), (1)(b), (2)(a), (2)(b), and (3) amended, p. 665, § 6, effective July 1. L. 90: IP(1) and (3) amended, p. 1038, § 1, effective July 1. L. 92: (2)(a) and (2)(b) amended, p. 2176, § 31, effective June 2; (3) amended, p. 466, § 3, effective July 1. L. 2000: (1)(b), IP(2), and (2)(b) amended, p. 1480, § 5, effective August 2. L. 2004: (3) amended, p. 725, § 1, effective August 4. L. 2013: IP(2) amended, (HB 13-1210), ch. 306, p. 1624, § 4, effective January 1, 2014. L. 2014: (5) added, (HB 14-1032), ch. 247, p. 954, § 6, effective November 1.
Cross references: For appointment of counsel for indigent persons in insanity or incompetency proceedings, see § 16-8-119.