A. The public defender, on order of the court, shall defend, advise and counsel any person who is entitled to counsel as a matter of law and who is not financially able to employ counsel in the following proceedings and circumstances:
1. Offenses triable in the superior court or justice courts at all stages of the proceedings, including the preliminary examination.
2. Extradition hearings.
3. Mental disorder hearings only if appointed by the court under title 36, chapter 5.
4. Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.
5. Involuntary commitment hearings held pursuant to title 36, chapter 37, if appointed by the court as provided in section 36-3704, subsection C and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.
6. Juvenile delinquency and incorrigibility proceedings only if appointed by the court under section 8-221.
7. Appeals to a higher court or courts.
8. All juvenile proceedings other than delinquency and incorrigibility proceedings under paragraph 6 of this subsection, including serving as a guardian ad litem, if appointed by the court pursuant to section 8-221 and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.
9. All mental health hearings regarding release recommendations that are held in the superior court pursuant to title 13, chapter 38, article 14 and the board of supervisors has advised the presiding judge of the superior court in the county that the public defender is authorized to accept these appointments.
10. As attorneys in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments as specified.
B. The public defender shall perform the following duties:
1. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.
2. By December 1 of each year, file with the presiding judge of the superior court, the chief probation officer and the board of supervisors an annual report on the average cost of defending a felony case.
C. Although the services of the public defender or court appointed counsel shall be without expense to the defendant, the juvenile, a parent or any other party, the court may make the following assessments:
1. Order an indigent administrative assessment of not more than $25.
2. Require that the defendant, including a defendant who is placed on probation, or any other party who is appointed counsel under subsection A of this section repay to the county a reasonable amount to reimburse the county for the cost of the person's legal services. Reimbursement for legal services in a guardianship or conservatorship proceeding shall be ordered pursuant to section 14-5414. The court may not order a juvenile or the juvenile's parent or guardian to pay administrative assessments or reimburse the cost of legal services.
D. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that the payment will impose.
E. Assessments collected pursuant to subsection C of this section shall be paid into the county general fund in the account designed for use solely by the public defender and court appointed counsel to defray the costs of public defenders and court appointed counsel. The assessments shall supplement, not supplant, funding provided by counties for public defense, legal defense and contract indigent defense counsel in each county.
Notes of Decisions
Cited in
25
cases (
2 in the last 5 years), 1970–2024 · leading case:
State v. Taylor, 166 P.3d 118 (Ariz. Ct. App. 2007).
State v. Taylor, 166 P.3d 118 (Ariz. Ct. App. 2007).
· cites it 56× “A.R.S. § 11-584 (Supp.2006) and § 13-4013 (Supp.”
State v. Moreno-Medrano, 185 P.3d 135 (Ariz. Ct. App. 2008).
· cites it 9× “” Section 11-584(B)(3) permits the court to require a defendant to “repay to the county a reasonable amount to reimburse the county for the cost of the defendant’s legal defense.”
Smith v. Lewis, 759 P.2d 1314 (Ariz. 1988).
· cites it 32× “" He elaborated as follows: Although this court's opinion finds nothing in A.R.S. § 11-584 to allow public defenders to represent Arizona defendants in federal courts, I do not find anything in that section or any other law in Arizona which would preclude public defenders from…”
Espinoza v. Superior Court, 804 P.2d 90 (Ariz. 1991).
· cites it 16× “43, §§ 2-3 (codified at A.R.S. §§ 11-584 and 13-4013). In 1976, the legislature amended the section describing the public defender’s duties and provided that the sentencing court could require an indigent to pay the county’s reasonable costs of providing defense counsel as a…”
State v. Payne, 225 P.3d 1131 (Ariz. Ct. App. 2009).
· cites it 3× “01(A) (probation surcharge); § 12-116(A) (authorizing additional, $20 time-payment fee “on each person who pays a court ordered penalty, fine or sanction on a time payment basis”); AR.”
State v. Evans, 629 P.2d 989 (Ariz. 1981).
· cites it 13× “We find nothing in A.R.S. § 11-584 defining the duties of the public defender which would allow the public defender to represent indigent defendants in the federal court system.”
Trebesch v. Superior Court, 855 P.2d 798 (Ariz. Ct. App. 1993).
· cites it 8× “The Marico-pa County Public Defender’s Office moved for reconsideration of the appointment on the ground that the emergency psychiatric transfer proceedings were outside the scope of A.”
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019).
· cites it 4× “The current version of the statute at issue in Connolly is A.R.S. § 11-584(C)(1), which authorizes imposition of the indigent administrative assessment fee on defendants who receive appointed counsel.”
Pinal Cnty. Bd. of Supervisors v. Georgini & T.J., 334 P.3d 761 (Ariz. Ct. App. 2014).
· cites it 4× “Although Trebesch and other cases cited by the Board correctly state the law, § 11-584(A)(10) since has been amended to authorize the PCPD to represent an indigent party “in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law” if…”
Knapp v. Hardy, 523 P.2d 1308 (Ariz. 1974).
· cites it 4× “Upon order of the court, he shall defend, advise and counsel without expense to the defendant any person who is not financially able to employ counsel and who is charged with the commission of a felony. The public defender shall also defend, advise and counsel such defendants at…”
Haas v. Colosi, 40 P.3d 1249 (Ariz. Ct. App. 2002).
· cites it 3× “”) § 11-584 (2001), provides in part: A. The public defender shall perform the following duties: 1.”
Coconino Cnty. Pub. Def. v. Adams, 908 P.2d 489 (Ariz. Ct. App. 1995).
· cites it 11× “Petitioner moved to withdraw as counsel, arguing that representation of individuals in proceedings before the Board is outside the statutory duties of the county public defender as enumerated in AR.S. § 11-584. Judge Adams denied the motion to withdraw.”
— Ariz. Rev. Stat. § 11-584(0) — 1 case
State v. Taylor, 166 P.3d 118 (Ariz. Ct. App. 2007).
“A.R.S. § 11-584 (Supp.2006) and § 13-4013 (Supp.”
— Ariz. Rev. Stat. § 11-584(A) — 2 cases
Coconino Cnty. Pub. Def. v. Adams, 908 P.2d 489 (Ariz. Ct. App. 1995).
“Petitioner moved to withdraw as counsel, arguing that representation of individuals in proceedings before the Board is outside the statutory duties of the county public defender as enumerated in AR.S. § 11-584. Judge Adams denied the motion to withdraw.”
— Ariz. Rev. Stat. § 11-584(A)(1) — 3 cases
Smith v. Lewis, 759 P.2d 1314 (Ariz. 1988).
“" He elaborated as follows: Although this court's opinion finds nothing in A.R.S. § 11-584 to allow public defenders to represent Arizona defendants in federal courts, I do not find anything in that section or any other law in Arizona which would preclude public defenders from…”
State v. Evans, 629 P.2d 989 (Ariz. 1981).
“We find nothing in A.R.S. § 11-584 defining the duties of the public defender which would allow the public defender to represent indigent defendants in the federal court system.”
— Ariz. Rev. Stat. § 11-584(A)(1)(a) — 2 cases
Smith v. Lewis, 759 P.2d 1314 (Ariz. 1988).
“" He elaborated as follows: Although this court's opinion finds nothing in A.R.S. § 11-584 to allow public defenders to represent Arizona defendants in federal courts, I do not find anything in that section or any other law in Arizona which would preclude public defenders from…”
Trebesch v. Superior Court, 855 P.2d 798 (Ariz. Ct. App. 1993).
“The Marico-pa County Public Defender’s Office moved for reconsideration of the appointment on the ground that the emergency psychiatric transfer proceedings were outside the scope of A.”
— Ariz. Rev. Stat. § 11-584(A)(1)(c) — 2 cases
Trebesch v. Superior Court, 855 P.2d 798 (Ariz. Ct. App. 1993).
“The Marico-pa County Public Defender’s Office moved for reconsideration of the appointment on the ground that the emergency psychiatric transfer proceedings were outside the scope of A.”
Smith v. Lewis, 759 P.2d 1314 (Ariz. 1988).
“" He elaborated as follows: Although this court's opinion finds nothing in A.R.S. § 11-584 to allow public defenders to represent Arizona defendants in federal courts, I do not find anything in that section or any other law in Arizona which would preclude public defenders from…”
— Ariz. Rev. Stat. § 11-584(A)(10) — 1 case
Pinal Cnty. Bd. of Supervisors v. Georgini & T.J., 334 P.3d 761 (Ariz. Ct. App. 2014).
“Although Trebesch and other cases cited by the Board correctly state the law, § 11-584(A)(10) since has been amended to authorize the PCPD to represent an indigent party “in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law” if…”
— Ariz. Rev. Stat. § 11-584(A)(3) — 2 cases
Pinal Cnty. Bd. of Supervisors v. Georgini & T.J., 334 P.3d 761 (Ariz. Ct. App. 2014).
“Although Trebesch and other cases cited by the Board correctly state the law, § 11-584(A)(10) since has been amended to authorize the PCPD to represent an indigent party “in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law” if…”
— Ariz. Rev. Stat. § 11-584(A)(7) — 1 case
— Ariz. Rev. Stat. § 11-584(AX1) — 1 case
State v. Evans, 629 P.2d 989 (Ariz. 1981).
“We find nothing in A.R.S. § 11-584 defining the duties of the public defender which would allow the public defender to represent indigent defendants in the federal court system.”
— Ariz. Rev. Stat. § 11-584(B) — 6 cases
Espinoza v. Superior Court, 804 P.2d 90 (Ariz. 1991).
“43, §§ 2-3 (codified at A.R.S. §§ 11-584 and 13-4013). In 1976, the legislature amended the section describing the public defender’s duties and provided that the sentencing court could require an indigent to pay the county’s reasonable costs of providing defense counsel as a…”
State v. Moreno-Medrano, 185 P.3d 135 (Ariz. Ct. App. 2008).
“” Section 11-584(B)(3) permits the court to require a defendant to “repay to the county a reasonable amount to reimburse the county for the cost of the defendant’s legal defense.”
State v. Payne, 225 P.3d 1131 (Ariz. Ct. App. 2009).
“01(A) (probation surcharge); § 12-116(A) (authorizing additional, $20 time-payment fee “on each person who pays a court ordered penalty, fine or sanction on a time payment basis”); AR.”
— Ariz. Rev. Stat. § 11-584(B)(1) — 2 cases
State v. Moreno-Medrano, 185 P.3d 135 (Ariz. Ct. App. 2008).
“” Section 11-584(B)(3) permits the court to require a defendant to “repay to the county a reasonable amount to reimburse the county for the cost of the defendant’s legal defense.”
— Ariz. Rev. Stat. § 11-584(B)(3) — 4 cases
State v. Taylor, 166 P.3d 118 (Ariz. Ct. App. 2007).
“A.R.S. § 11-584 (Supp.2006) and § 13-4013 (Supp.”
State v. Payne, 225 P.3d 1131 (Ariz. Ct. App. 2009).
“01(A) (probation surcharge); § 12-116(A) (authorizing additional, $20 time-payment fee “on each person who pays a court ordered penalty, fine or sanction on a time payment basis”); AR.”
State v. Moreno-Medrano, 185 P.3d 135 (Ariz. Ct. App. 2008).
“” Section 11-584(B)(3) permits the court to require a defendant to “repay to the county a reasonable amount to reimburse the county for the cost of the defendant’s legal defense.”
— Ariz. Rev. Stat. § 11-584(C) — 4 cases
State v. Taylor, 166 P.3d 118 (Ariz. Ct. App. 2007).
“A.R.S. § 11-584 (Supp.2006) and § 13-4013 (Supp.”
State v. Moreno-Medrano, 185 P.3d 135 (Ariz. Ct. App. 2008).
“” Section 11-584(B)(3) permits the court to require a defendant to “repay to the county a reasonable amount to reimburse the county for the cost of the defendant’s legal defense.”
— Ariz. Rev. Stat. § 11-584(C)(1) — 1 case
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019).
“The current version of the statute at issue in Connolly is A.R.S. § 11-584(C)(1), which authorizes imposition of the indigent administrative assessment fee on defendants who receive appointed counsel.”
— Ariz. Rev. Stat. § 11-584(C)(2) — 1 case
— Ariz. Rev. Stat. § 11-584(C)(3) — 2 cases
State v. Dustin, 449 P.3d 715 (Ariz. Ct. App. 2019).
“The current version of the statute at issue in Connolly is A.R.S. § 11-584(C)(1), which authorizes imposition of the indigent administrative assessment fee on defendants who receive appointed counsel.”
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