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PUBLIC DEFENDER ACT

The “Public Defender Act” 1968, Dec 2, P.L. 1144, No. 358, Section 1, effective January 1, 1969.

The Public Defender Act provides for the establishment of a Public Defender for each county. The Public Defender is appointed by the Board of County Commissioners for each county.  With the approval of the Board of County Commissioners, the Public Defender may hire assistant public defenders, investigators, and other personnel deemed necessary to the performance of his job.

A Public Defender must represent any person whose indigency prevents him from obtaining counsel for the following proceedings:

(1)  Juvenile delinquency proceedings;
(2)  Critical pretrial identification proceedings;
(3)  State habeas corpus proceedings;
(4)  Common Pleas Court Trial, from pre-trial motions through post-trial motions;
(5)  Superior Court and Pennsylvania Supreme Court appeals;
(6)  Post conviction proceedings at both the trial and appellate levels;
(7)  Preliminary hearings;
(8)  Criminal extradition proceedings;
(9)  PFA contempt hearings;
(10) Probation and parole proceedings, including revocation thereof; and
(11) Any other situation where representation is constitutionally required.

The Public Defender and Assistant Public Defenders shall be attorneys at law admitted to practice before the Supreme and Superior Courts of the Commonwealth of Pennsylvania.

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