how to apply for a court-appointed attorney in sc

You will be interviewed by a District Court Commissioner and complete a written application, Form DC-099, and you will need to provide information about your income, expenses, and assets. Bring the following papers, along with the DC-099 Application for Representation, if you have completed ahead of time: Court charging documents/traffic tickets.

Full Answer

How do the courts decide who to appoint as an attorney?

Further, a lawyer should not be appointed as counsel for an indigent unless the indigent has a right to appointed counsel under the state or federal constitution, a statute, a court rule, or the case law of this State. (2) A lawyer should only be appointed as counsel under this rule when counsel is not available from some other source. For ...

How do I register for a public defender in South Carolina?

Find a Defender. Use the link below to locate any Public Defender in South Carolina. Find a Defender How to Apply For an Appointed Attorney Frequently Asked Questions . If you have further questions, use the Find a Defender link and go …

How do I get a court-appointed defense attorney?

Court Appointed Attorney Application and Preference Form Please provide the following information as a part of the application and verification process for the General Registry of Court Appointed Attorneys. This application must be completed in its entirety and submitted electronically if you wish to be considered for appointment as a court

Do you have to pay for an appointed Attorney?

A Public Defender is appointed by the Court to represent defendants in criminal court who are financially indigent. All Public Defenders are attorneys who have been licensed to practice law in the state of South Carolina. There are more than 200 Public Defenders serving those in need within our state. For more information and for assistance ...

How do you qualify for a public defender in SC?

In determining whether you are eligible for a Public Defender, your income, size of family and special financial needs are considered as well as the type of crime that you are charged with. Your local Public Defender will make the determination and tell you if you qualify for their services.

How much does a public defender cost in South Carolina?

(B) A forty dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee.

How much does an attorney cost in South Carolina?

The typical lawyer in South Carolina charges between $156 and $353 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in South Carolina.

What does reduced to judgment mean?

Arrears is a term used in support obligations cases and which usually does not apply in a criminal case. Reduced to judgment probably means that the fines and costs that are owed are going to be put into a final judgment against the... More. 1 found this answer helpful found this helpful | 0 lawyers agree.Apr 23, 2014

What is an unnecessary appointment of lawyers?

(1) The unnecessary appointment of lawyers to serve as counsel places an undue burden on the lawyers of this State. Before making an appointment, a circuit or family court judge must insure that the person on whose behalf the appointment is being made is in fact indigent. Further, a lawyer should not be appointed as counsel for an indigent unless the indigent has a right to appointed counsel under the state or federal constitution, a statute, a court rule, or the case law of this State.

Who is lead counsel in death penalty cases?

The appointment of a lead counsel to represent an indigent defendant in a death penalty case shall be made from the list of members specified in (c) (1) (A) above who have been death penalty certified as lead counsel by the Supreme Court; provided, however, that lawyers who are not certified may be appointed as lead counsel in a post-conviction relief action for a death-sentenced inmate if they have previously represented a death-sentenced inmate in a state or federal post-conviction relief proceeding as provided by S.C. Code Ann. § 17-27-160.

What is the presumption of indigent?

A presumption that the person is indigent shall be created if the person’s net family income is less than or equal to the Poverty Guidelines established and revised annually by the United States Department of Health and Human Services and published in the Federal Register.

How long does a death penalty case last?

A member who receives an appointment as lead or second counsel in a death penalty case shall be exempt from being appointed to another death penalty case until six (6) months after the date of sentencing or, if the matter does not result in a sentence, the date when the case ends.

New User Registration

Website registration for membership and member services are available only for attorneys handling current cases. use the link below to register as a new user.

Indigent Defense Contract Attorney Program

The following information is provided regarding applying for the Indigent Defense Contract Program. This information includes the policies and guidelines governing the program as established by SCCID and the Supreme Court of South Carolina.

How many public defenders are there in South Carolina?

All Public Defenders are attorneys who have been licensed to practice law in the state of South Carolina. There are more than 200 Public Defenders serving those in need within our state. For more information and for assistance, contact the Public Defender office for the county where you have been charged with the crime.

What is the right to a fair trial?

Every person has the right to a fair trial. It is the law of our country that competent representation by an attorney is necessary to preserve this fundamental right. State and federal law provides that all persons have the constitutional right to be represented by an attorney if they have been accused of a crime and the punishment for that crime could be time in jail or prison. If that person is financially unable to hire an attorney, then the law provides that an attorney shall be appointed to represent them.

What is a public defender?

A Public Defender is appointed by the Court to represent defendants in criminal court who are financially indigent. All Public Defenders are attorneys who have been licensed to practice law in the state ...

How do the Magistrates screen defendants?

The Magistrates screen defendants at the detention center. The Magistrates often determine if a defendant is over the guidelines. The PD office reviews the jail inmate list and if a person remains in jail for more than l0 days, a file is opened if the Horry County Website does not reflect that they have retained an attorney. Some people will apply directly at the Horry County Clerk of Court Office. All of these applications are scanned into the COC database. All fees in Horry County are paid to the Horry County Clerk of Court.

What court does a magistrate screen GS charges?

Magistrate screens GS charges in bond court. The Application is used and compared to the Guidelines. If the person does not qualify or is missed during the bond hearing but wants to be reviewed later, he has to go to the COC to complete the application.

Who conducts the walk in screening?

The staff uses the approved Affidavit form and will question the application to obtain an accurate picture of the financial status. If an application is questionable, the Public Defender refers the application to the Court for a determination.

What does a magistrate do in bond court?

Magistrate screens GS charges in bond court. The Application is used and compared to the Guidelines. If the person does not qualify or is missed during the bond hearing but wants to be reviewed later, he has to go to the COC to complete the application. The Public Defender screens Magistrate charges. The PD office requires the person to provide proof of their income or a notarized statement from the person supporting them.

How are GS cases screened?

All GS and domestic violence Magistrate cases are screened by the Magistrate at the bond hearing. The defendant completes the affidavit prior to appearing before the judge for bond usually with one of the jailers. The judge scrutinizes the application and may inquiry about specific information and determines if the person qualifies. If the app is approved it is forwarded to the COC with the warrants, etc for appointment of PD. COC puts info in file and forwards app and order of appointment to PD. Magistrate and Municipal cases are not screened at bond hearing. When person comes to court, the judge advises of right to counsel and if person wants atty they are instructed on how to go to COC to apply and their hearing is continued to give them opportunity to go to COC. These cases and some GS cases that were refused or waived at bond hearing are considered “walk in” applications. COC completes application based on what person tells them. COC reviews app and compare it to Poverty Guidelines to determine if qualify. Approved apps are forwarded to PD. No verification of the information just gut following and questioning of information as needed.

What court conducts the screening for General Sessions and Summary Court?

The Magistrate Court conducts the screening for General Sessions and Summary Court. The defendant is offered an attorney at bond hearing and can come back to the Magistrate office if they decide they want attorney after the bond hearing. If they come into the office, they are required to complete the Affidavit then go to COC to pay the $40. Magistrate court does not verify any of the information on the Affidavit and not sure if the COC conducts any type of verification. The defendant is not required to bring any documentation with them when applying for the PD.

How does the COC work?

The COC does all of the screening for General Sessions and Magistrate Court charges. If the person is out on bond, they must go to the COC office to complete the Application for PD and pay the $40 fee. The COC compare the information provided to the Poverty Guidelines and determine if they qualify. If so, the Order of Appointment is sent to the PD office. The COC does not require any additional documentation and take the person’s word that the information is true. Sometimes the PD will check on tax records on some people and ask to be relieved if they have property in their names. If the person is in jail, they either call the COC office or writing the COC asking for an attorney. The COC sends an Order of Appointment to the PD and the PD visits the person and gets the application completed.

How a Lawyer Gets Appointed

When defendants are arrested, they must be brought before a judge within a specified period of time. This appearance is known as an arraignment or initial appearance. At that time, a judge will ask defendants if they can afford an attorney.

The Advantages of a Court-Appointed Lawyer

You should not assume that an appointed lawyer will be less capable than a private attorney you pay. Appointed counsel may perform as well as, or even better than, a private attorney, for the following reasons:

Do I Have to Keep My Appointed Lawyer?

If, at any point during your case, you are dissatisfied with your appointed counsel and come up with the funds (perhaps from family or friends) to hire a lawyer of your choosing, you have a right to change lawyers.

About

In 2007, the South Carolina General Assembly enacted legislation creating a statewide public defender system. The Tenth Judicial Circuit is comprised of Anderson and Oconee Counties. Jennifer L. Johnson was appointed as the Circuit Public Defender in 2017.

How to Apply for a Public Defender

IN JAIL or PRISON: If you (or your loved one) are currently in jail, our jail coordinator will visit you usually within 48 hours of your arrest to see if you wish to have an attorney appointed to represent you. Your case will then be assigned to one of our trained attorneys

What is the right to an attorney?

If you've been charged with a criminal offense and lack the resources to hire legal representation, you may be entitled to a court-appointed attorney. The right to an attorney in criminal proceedings is enshrined within the Sixth Amendment to the U.S. Constitution. However, not until the 1963 Supreme Court case of Gideon v.

What to do if you can't afford a lawyer?

If you can't afford one, be sure to request a free court-appointed attorney. If you're facing criminal charges, contact a criminal defense attorney near you to obtain an experienced and informed evaluation of your case.

What is the Gideon ruling?

The justices in Gideon unanimously held that "in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." The Court later clarified that this ruling applies where the defendant is charged with either a felony or a misdemeanor that could result in imprisonment from a conviction. This rule also extends to juvenile delinquency proceedings.