Conn. Practice Book § 37-5 (2026)

Sec. 37-5. —Reference to Public Defender; Investigation of Indigency The judicial authority shall refer the defendant to the public defender for an investigation of indi- gency unless the judicial authority: (1) Accepts the defendant’s waiver of counsel in accordance with Section 44-3; (2) Is informed by the defendant, and con- cludes, that the defendant has retained or will retain private counsel within a reasonable time; (3) Decides to dispose of the case in accord- ance with Section 44-1 (2); or (4) Learns that the public defender has already conferred with the defendant at some time follow- ing arrest and that the investigation of indigency has been made. (P.B. 1978-1997, Sec. 640.) Sec. 37-6. —Appointment of Public De- fender (a) If the judicial authority determines after investigation by the public defender that the defendant is indigent, the judicial authority may designate the public defender or a public defender assigned counsel to represent the defendant unless, in a misdemeanor case, at the time of the application for appointment of counsel, the judicial authority decides or believes that disposition of the pending case will not result in a sentence involving incarceration or a suspended sentence of incarceration with a period of probation or con- ditional discharge, and makes a statement to that effect on the record. If the public defender or his or her office determines that a defendant is not eligible to receive the services of a public defender, the defendant may appeal the public defender’s decision to the judicial authority in accordance with General Statutes § 51-297 (g). The judicial authority may not appoint the public defender or a public defender assigned counsel unless the judicial authority finds the defendant indigent fol- lowing such appeal. If a conflict of interest or other circumstance exists which prevents the public defender from representing the defendant, the judicial authority, upon recommendation of the public defender or upon its own motion, may appoint a public defender assigned counsel to represent the defendant. (b) The fact that the judicial authority, in a mis- demeanor case, decides or believes that disposi- tion of the pending case will not result in a sentence involving incarceration or a suspended sentence of incarceration with a period of proba- tion or conditional discharge, shall not preclude the judicial authority from appointing, in its discre- tion,a public defenderor apublic defenderassigned counsel to represent an indigent defendant. © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN CRIMINAL MATTERS