Pub. L. 91-358, tit. III, sec. 302

authority of service

EnactedYear: 1970Length: 508 wordsOfficial source
authority of service Sec. 302. (a) The Service is authorized to represent any person in the District of Columbia who is a person described in any of the following categories and who is financially unable to obtain adequate representation: (1) Persons charged with an offense punishable by imprisonment for a term of six months, or more. (2) Persons charged with violating a condition of probation or parole. (3) Persons subject to proceedings pursuant to chapter 5 of title 21 of the District of Columbia Code (Hospitalization of the Mentally Ill). 84 Stat. 655 (4) Persons for whom civil commitment is sought pursuant to title III of the Narcotic Addict Rehabilitation Act of 1966 (42 U.S.C. 3411, et seq.) or the provisions of the Hospital Treatment for Drug Addicts Act for the District of Columbia (D.C. Code. sec. 24–601, et seq.). (5) Juveniles alleged to be delinquent or in need of supervision. (6) Persons subject to proceedings pursuant to section 7 of the Act of August 4, 1947 (D.C. Code. sec. 24–527) (relating to commitment of chronic alcoholics by court order for treatment). (7) Persons subject to proceedings pursuant to section 927 of the Act of March 3, 1901 (D.C. Code. sec. 24–301) (relating to confinement of persons acquitted on the ground of insanity). Representation may be furnished at any stage of a proceeding, including appellate, ancillary, and collateral proceedings. Not more than 60 per centum of the persons who are annually determined to be financially unable to obtain adequate representation and who are persons described in the above categories may be represented by the Service, but the Service may furnish technical and other assistance to private attorneys appointed to represent persons described in the above categories. The Service shall determine the best practicable allocation of its staff personnel to the courts where it furnishes representation. (b) The Service shall establish and coordinate the operation of an effective and adequate system for appointment of private attorneys to represent persons described in subsection (a), but the courts shall have final authority to make such appointments. The Service shall report to the courts at least quarterly on matters relating to the operation of (he appointment system and shall consult with the courts on the need for modifications and improvements. (c) Upon approval of its Board of Trustees, the Service may perform such other functions as are necessary and appropriate to the duties described above. (d) The determination whether a person is financially unable to obtain adequate representation shall be based on information provided by the person to be represented and such other persons or agencies as the court in its discretion shall require. Whoever in providing this information knowingly falsifies, conceals, or cover’s up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry shall be fined not more than $1,000 or imprisoned not more than one year, or both.