2023 Colorado Revised Statutes › Title 21 - STATE PUBLIC DEFENDER (§§ 21-1-101 — 21-2-109) › Article 1 - STATE PUBLIC DEFENDER (§§ 21-1-101 — 21-1-107) › Section 21-1-103 - Representation of indigent persons

(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:
(a)
The defendant requests it and he complies with subsection (3) of this section; or
(b)
The court, on its own motion or otherwise, so orders and the defendant does not affirmatively 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 that 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 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:
(a)
The indigent person or the indigent person's parent or legal guardian in delinquency or other actions pursuant to article
2.5
of title
19
requests it and complies with subsection (3) of this section; or
(b)
The court, on its own motion or otherwise, so orders or requests and the defendant or the defendant's parent or legal guardian in delinquency or other actions pursuant to article
2.5
of title
19
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 the defendant's parent or legal guardian, if the person does not fall within the fiscal standards or guidelines established by the supreme court.
(3)
The state public defender shall make the determination of indigency, subject to review 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 states that the application is signed under oath and under the penalty of perjury and that a false statement may be prosecuted as such. The applicant shall pay a nonrefundable processing fee of twenty-five dollars if the court-appointed counsel enters an appearance based upon the application; except that a person under the jurisdiction of the juvenile court, as defined in section
19-1-103
, or the person's parent, guardian, or legal custodian is not required to pay the processing fee. The fee is assessed at the time of sentencing, if sentencing occurs, or upon other final disposition of the case; except that the court may, at sentencing 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 must 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) are transmitted to the state treasurer, who shall credit the same to the general fund.
(4)
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.
(5)
Nothing in this section may be construed to prevent the public defender, before determining indigency, from providing representation to juveniles in detention hearings.
Amended by 2021 Ch. 136, § 93, eff. 10/1/2021.
Amended by 2021 Ch. 461, § 4, eff. 7/6/2021.
Amended by 2014 Ch. 247, § 6, eff. 11/1/2014.
Amended by 2013 Ch. 306, § 4, eff. 1/1/2014.
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. 1624, p. 1624, § 4, effective 1/1/2014. L. 2014: (5) added, (HB 14-1032), ch. 954, p. 954, § 6, effective November 1. L. 2021: (2) amended, (SB 21-059), ch. 738, p. 738, § 93, effective October 1; (3) amended, (HB 21-1315), ch. 3107, p. 3107, § 4, effective July 6.
(1) For appointment of counsel for indigent persons in insanity or incompetency proceedings, see § 16-8-119 . (2) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.