DCR 3.310 Indigent Defender Appointments

  1. If after appointment, the regional public defender's office determines that it should not or cannot represent an indigent defendant due to conflict or case overload, referral of the case should be made by the public defender's office to the bids conflict office.
  2. If any further conflict arises regarding appointment of counsel, either the assigned judge or the duty judge must be notified. Any appointed attorney who is allowed to withdraw from a case shall advise the newly appointed attorney of all court settings. If the newly appointed attorney is not able to undertake representation in accordance with the existing schedule, the assigned judge or the duty judge should be notified.
  3. The newly appointed attorney shall forthwith file with the Clerk of the District Court an entry of appearance in the case with copies to the client, district attorney and public defender. Once the entry of appearance is filed, the public defender office shall be relieved of its responsibilities in the case as set forth in Supreme Court Rule 117 (PDF).
  4. The public defender office should make referral as soon as the conflict or overload is ascertained to avoid continuances and other delays in the case.

Revised: August 17, 2016