2.69.301    DETERMINATION OF INDIGENCY

(1) The Central Services Division shall prepare forms to capture financial information from an applicant for public defender services, including an affidavit as required in 47-1-111(2), MCA. The forms must be reviewed biennially.

(2) Local OPD offices shall distribute the forms to courthouses, jails, and other venues determined appropriate by the offices.

(3) The applicant shall complete the forms following instructions provided on the forms and forward them to the appropriate regional office indicated on the forms.

(4) The staff of the local office shall review an applicant's forms and determine whether an applicant is indigent and qualifies for public defender services based on the income guidelines in 47-1-111(3)(a), MCA.

(5) The local office shall forward application forms for those who do not qualify based on income to the Central Services Division for an eligibility determination under the substantial hardship qualification in 47-1-111(3)(b), MCA, using criteria in ARM 2.69.203.

(6) The local office shall notify the applicant if the applicant does not qualify for public defender services, and shall file a motion to rescind with the court.

(7) All information collected on the forms must be treated as confidential except:

(a) as required in 47-1-111, MCA; or

(b) when judicial review of the determination is requested by the applicant. At that time, the forms shall be submitted to the court for in camera inspection.

 

History: 47-1-105, 47-1-111, MCA; IMP, 47-1-105, 47-1-111, MCA; NEW, 2006 MAR p. 2572, Eff. 10/27/06; AMD, 2018 MAR p. 716, Eff. 4/14/18.