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      CHC 320     

  

Art. 320.  Indigency determination

A.  For purposes of the appointment of counsel, children are presumed to be indigent.

B.  The determination of the indigency of any person entitled to counsel under this Code may be made by the court at any stage of the proceedings.  If necessary, he shall be allowed to summon witnesses to testify before the court concerning his financial ability to employ counsel.

C.  In determining whether a person is indigent and entitled to the appointment of counsel, the court shall consider whether he is a needy person and the extent of his ability to pay.

(1)  The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents.

(2)  Release on bail shall not alone disqualify either an adult or child for appointment of counsel.

D.  In each case, subject to the penalty of perjury, the person shall certify in writing such material factors relating to his ability to pay as the court prescribes.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 593, §1.



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