The Commonwealth Constitution, and the United States Constitution guarantee certain fundamental rights to all people in the commonwealth. These include the right to due process, the right to effective assistance of counsel, the right to a fair, public and speedy trial, and the equal protection of the laws. The Office of the Public Defender ensures that all indigent people receive the protection of these guarantees as required by law. The Public Defender is appointed by the Governor with the advice and consent of the Senate. The Public Defender is assisted by Assistant Public Defenders, investigators and an administrative staff. They strive to provide legal services consistent with professional standards and ethical rules governing the practice of law.

NOTICES AND DISCLAIMERS:
The information contained in this website, including all links, is provided as a service and is not intended to serve as legal advice or as a substitute for legal counsel. The NMI Public Defender does not assume any responsibility for the content of any links.

Other web sites contain information created and maintained by other public and private organizations. The links to other web sites are provided for the public's convenience and the NMI Public Defender does not control or guarantee the accuracy, relevance, timeliness or completeness of the information. Their inclusion is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.

If you select one of the links on this site, you may be leaving the web site of the NMI Public Defender's Office. Our site, www.nmidefender.org will remain open in the background window, but the selected site will open in a new browser window. To return to nmidefender.org, close the new window.

The information contained in this website, including all links, is provided as reference information and is not intended to serve as legal advice or as a substitute for legal counsel. The Public Defender does not assume any responsibility for the content of any links.

PUBLIC DEFENDERS POWERS & DUTIES:

'2203. Public Defender: Duties.
The Public Defender shall have the following powers and duties:

(a) To defend indigent defendants in criminal cases before the courts of the Commonwealth or before courts having appellate jurisdiction over cases before the courts of the Commonwealth;

(b) To render legal assistance to those persons who are in need of legal
Counseling and who are unable to afford the services of private counsel.

Source: PL 1-8, Ch. 4, '3, modified.

'2204. Public Defender: Eligibility.
The Public Defender shall establish eligibility criteria and may promulgate rules and regulations regarding eligibility criteria, to take effect upon their approval by the governor. The determination as to whether a defendant be indigent or whether a person is unable to afford a private attorney, however, shall be at the discretion of the judge before whom such person is appearing.

Source: PL 1-8, Ch. 4, '4, modified.