45 C.F.R. § 1613.4
Authorized representation
Legal assistance may be provided with respect to a criminal proceeding.
(a) Pursuant to a court appointment made under a statute or a court rule of equal applicability to all attorneys in the jurisdiction, if authorized by the recipient after a determination that acceptance of the appointment would not impair the recipient's primary responsibility to provide legal assistance to eligible clients in civil matters.
(b) When professional responsibility requires representation in a criminal proceeding arising out of a transaction with respect to which the client is being, or has been, represented by a recipient.
Notes of Decisions
Cited in 3
cases, 1981–1991 · leading case: Cent. Florida Legal Servs., Inc. v. Eastmoore, 517 F. Supp. 497 (M.D. Fla. 1981).
Cent. Florida Legal Servs., Inc. v. Eastmoore, 517 F. Supp. 497 (M.D. Fla. 1981). “4 provides that legal assistance may be provided with respect to a criminal proceeding: (a) Pursuant to a court appointment made under a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction, if authorized by the recipient after a…”
Rehmann v. Maynard, 376 S.E.2d 169 (W. Va. 1988). “There is some divergence of view in the few cases that have been decided in this area as to whether the language of 45 C.F.R. § 1613.4 (a) (1978) has applicability to criminal appointments.”
Ne. Kentucky Legal Servs., Inc. v. Hinton, 806 S.W.2d 397 (Ky. Ct. App. 1991). “§ 2996f(b), and 45 C.F.R. § 1613.4 . . Our record contains no such finding, but it is apparently conceded by the parties that David Michael Fields is a person without funds to employ private counsel.”
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