§ 16-101. Definitions  


Latest version.



  •    (a) In general. -- In this title the following words have the meanings indicated.

    ** REVISOR'S NOTE
     
       This subsection is new language derived without substantive change from former Art. 27A, § 2(a).

    (b) Board of Trustees. -- "Board of Trustees" means the Board of Trustees of the Office of the Public Defender established under § 16-301 of this title.

    ** REVISOR'S NOTE
     
       This subsection is new language added to provide a convenient reference to the "Board of Trustees of the Office of the Public Defender".

    (c) District. -- "District" means an area conforming to the geographic boundaries of a District Court district established in § 1-602 of the Courts Article.

    ** REVISOR'S NOTE
     
       This subsection is new language derived without substantive change from former Art. 27A, § 2(c).

    ** REVISOR'S NOTE
     
       The former reference to an area "comprising one or more political subdivisions" is deleted as unnecessary in light of the reference to an area "conforming to the geographic boundaries of a District Court district established in § 1-602 of the Courts Article".

    (d) Indigent individual. -- "Indigent individual" means an individual who qualifies as an indigent individual under § 16-210 of this title.

    ** REVISOR'S NOTE
     
       This subsection is new language added to provide a definition of the term "indigent individual".

    (e) Office. --

       (1) "Office" means the Office of the Public Defender.

       (2) "Office" includes each district office and branch office of the Public Defender.

    ** REVISOR'S NOTE
     
       This subsection is new language derived without substantive change from former Art. 27A, § 2(b).

    ** REVISOR'S NOTE
     
       The former reference to offices "as are deemed necessary and hereinafter described" is deleted as surplusage.

    ** DEFINED TERM:
     

       "District"                                                          § 16-101

    **

    (f) Panel attorney. -- "Panel attorney" means an attorney who is eligible for appointment as an attorney for an indigent individual.

    REVISOR'S NOTE
     
       This subsection is new language derived without substantive change from former Art. 27A, § 2(e), as it related to an attorney who qualifies and is eligible for appointment as counsel for an indigent individual.

    REVISOR'S NOTE
     
       The former reference to an attorney who "qualifies" for appointment as counsel to an indigent individual is deleted as implied in the reference to an attorney who "is eligible" for appointment.

    REVISOR'S NOTE
     
       The former reference to an indigent individual "as defined by this article" is deleted as surplusage.

    REVISOR'S NOTE
     
       The reference to an "attorney" is substituted for the former reference to a "counsel" to conform to the terminology used throughout this title.

    "Indigent individual"                                                  § 16-101

    **

    (g) Regional advisory board. -- "Regional advisory board" means a public defender regional advisory board.

    REVISOR'S NOTE
     
       This subsection is new language derived without substantive change from former Art. 27A, § 10(a). **

    (h) Serious offense. -- "Serious offense" means: **

       (1) a felony; **

       (2) a misdemeanor or offense punishable by confinement for more than 3 months or a fine of more than $ 500; **

       (3) a delinquent act that would be a serious offense if committed by an adult; or **

       (4) an offense in which, in the opinion of the court, the complexity of the matter or the youth, inexperience, or mental capacity of the accused requires representation of the accused by an attorney.

    REVISOR'S NOTE
     
       This subsection is new language derived without substantive change from former Art. 27A, § 2(h).

    REVISOR'S NOTE
     
       In item (3) of this subsection, the phrase "if committed by an adult" is substituted for the former phrase "except for the age of the person involved" for clarity.


HISTORY: An. Code 1957, art. 27A, § 2(a)-(c), (e), (h), 10(a); 2008, ch. 15, § 2.