Delaware Code

10 Del. C. § 3925 (2026)

Public officers and employees

✓ current as of May 2026

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Any public officer or employee, in a criminal or civil action against the person arising from state employment, shall be entitled to petition the court for a court-appointed attorney to represent the person’s interests in the matter. If the judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the judge may require, determines that the petition has merit, the judge shall appoint an attorney to represent the interests of such public officer or employee. The court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the court. The court may first appoint an attorney from the Department of Justice. If the court determines that the Department is unable to represent such public officer or employee, the court may appoint an attorney from the Office of Defense Services in criminal actions only, and in civil actions may appoint an attorney licensed in this State. This section shall also apply to all federal courts within this State.

60 Del. Laws, c. 474, § 1; 60 Del. Laws, c. 676, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 26, § 2;

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2017–2024 · leading case: State v. McGuiness (Del. Super. Ct. 2021).

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State v. McGuiness (Del. Super. Ct. 2021). · cites it 4× “The State opposes the Petition, arguing that the relief sought controverts the clear and unambiguous language of 10 Del. C. § 3925, and granting the Petition would result in “deleterious” and absurd results.”

McGuiness v. State (Del. 2024). · cites it 4× “10 In response to the petition, the State argued that under 10 Del. C. § 3925,44 McGuiness was required to first seek appointment of counsel from the Delaware Office of Defense Services (“ODS”) or the Office of Conflicts Counsel (“OCC”),45 not a lawyer from the private bar whose…”

Wonnum v. Way, III (Del. Super. Ct. 2017). “7 Factual allegations, even if vague, are well-pleaded if they provide notice of the claim to the other party.”

Montgomery v. Onuoha (D. Del. 2021). “1 The DOC was placed on the Court docket as a Petitioner when it filed a petition for appointment of counsel for Defendant Mandy Onuoha pursuant to 10 Del. C. § 3925 and Delaware Supreme Court Rule 68.”

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