Counsel for indigent defendants

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  • (a) Every criminal case of misdemeanor in which a penalty of imprisonment may be imposed, and in every case of preliminary investigation on a charge of felony, in which the defendant appears without counsel, in the Superior Court, the court shall advise the defendant that he has a right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain same. Unless the defendant waives the appointment of counsel, the court, if satisfied from the financial statement filed pursuant to chapter 302 of this title that the defendant is indigent and therefore unable to obtain counsel, shall refer such defendant to the Office of the Public Defender, which Public Defender shall represent him at every stage of the proceeding against him; Provided, however, the Court may, when in its judgment the circumstances warrant it, assign other counsel to represent the defendant at every stage of the proceedings; Provided, however, That the judges of the Superior Court may appoint counsel for such indigent persons from a panel of private attorneys maintained by the Superior Court for this purpose in no more than 15 percent in cases of defendants who by reason of indigence, are unable to obtain counsel.

  • (b) Attorneys at law appointed by the Superior Court under subsection (a) of this section to represent defendants financially unable to employ counsel may be allowed the necessary expenses, upon verified statements thereof being filed with the clerk of the court, and reasonable compensation for their services in carrying out their assignments. The amount of such compensation shall, in each case, be fixed by the court and such compensation and expenses shall be paid out of money appropriated for that purpose by law.

  • (c) Notwithstanding any other provision of law, in every criminal case in which the defendant is a peace officer charged with an offense arising out of and during the performance of his duties, such officer shall have the option to select for his defense an attorney of his choice, other than the Attorney General or any member of his staff, whose necessary expenses and reasonable compensation for services shall be paid in the same manner as is provided in subsection (b) of this section.

  • For the purposes of this subsection the word “court” shall be deemed to include all Courts of the Virgin Islands.
  • (d) The Supreme Court may from time to time prescribe rules for the implementation of subsections (a), (b) and (c) of this section.


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