The public defender statute sets forth a two-step procedure for assignment of counsel. First, a person has a right to assignment of counsel if the person is needy. If the person is eligible for assigned counsel, then the statute sets forth the second step for co-payment and reimbursement. See 13 V.S.A. 5238. Here, the court erred by considering the income of defendant's father in the first step of the procedure to determine whether defendant is needy.
Cohabitant income is relevant only in determining co-payment and reimbursement.
Reversed and remanded.