Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 5233 (2026)

✓ current as of May 2026

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Subchapter 002 : NOTICE AND NATURE OF RIGHTS

(Cite as: 13 V.S.A. § 5233)

§ 5233. Extent of services

(a) A needy person who is entitled to be represented by an attorney under section 5231 of this title is entitled:

(1) to be counseled and defended at all stages of the matter beginning with the earliest time when a person providing the person’s own counsel would be entitled to be represented by an attorney and including revocation of probation or parole;

(2) to be represented in any appeal; and

(3) to be represented in any other postconviction proceeding which may have more than a minimal effect on the length or conditions of detention where the attorney considers:

(A) the claims, defenses, and other legal contentions to be warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and

(B) the allegations and other factual contentions to have evidentiary support, or likely to have evidentiary support after a reasonable opportunity for further investigation and discovery.

(b) A needy person’s right to a benefit under this section is not affected by having provided a similar benefit at the person’s own expense, or by having waived it, at an earlier stage. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 2003, No. 157 (Adj. Sess.), § 10, eff. June 8, 2004; 2015, No. 137 (Adj. Sess.), § 6, eff. May 25, 2016.)

Notes of Decisions

Cited in 24 cases, 1976–2019 · leading case: In Re Bailey, 2009 VT 122 (Vt. 2009).

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In Re Bailey, 2009 VT 122 (Vt. 2009). · cites it 30× “He maintains that 13 V.S.A. § 5233(a) does not require that the Court defer to the Defender's evaluation of the merits of a particular PCR.”

In re Crannell, 2012 VT 85 (Vt. 2012). · cites it 17× “13 V.S.A. § 5233 (emphasis added). As Bailey explained, the amendment to § 5233 “expressly conditions a [PCR] petitioner’s entitlement to representation on counsel’s assessment of the merit of the legal action.”

In re Bruyette., 2014 VT 30 (Vt. 2014). · cites it 36× “This case calls upon us to apply 13 V.S.A. § 5233 as interpreted in In re Bailey , 2009 VT 122 , 187 Vt.”

In re Gould, 2004 VT 46 (Vt. 2004). · cites it 3× “13 V.S.A. § 5233(a)(3); see also In re Chapman, 155 Vt.”

In re Russo, 2013 VT 35 (Vt. 2013). · cites it 2× “postconviction proceeding which may have more than a minimal effect on the length or conditions of detention where the attorney considers the claims, defenses, and other legal contentions to be warranted by existing law or by a nonfrivolous argument for the extension,…”

In re Kimmick, 2013 VT 43 (Vt. 2013). · cites it 11× “The Defender General’s denial of services, authorized under 13 V.S.A. § 5233(a )( 3), was patently correct and required no more process.”

In Re Barrows, 2007 VT 9 (Vt. 2007). “), § 10 (amending 13 V.S.A. § 5233(a)(3)). The amended section, however, concerns only representation; it does not speak to provision of expert or investigative services.”

State v. Caron, 586 A.2d 1127 (Vt. 1990). “See 13 V.S.A. § 5233(a)(1). There is no indication that the legislature intended to supply a Vermont public defender to a person detained in another state and being questioned by an officer from that state about crimes that may have occurred there as well as in Vermont.”

State v. Wool, 648 A.2d 655 (Vt. 1994). “2 Defendant contends that 13 V.S.A. § 5233 gives him the right to an attorney despite the earlier waiver, but § 5233(b) says only that waiver of counsel at an earlier stage *352 of a criminal proceeding, such as trial, does not act as waiver at a later stage, such as an appeal…”

State v. Parizo, 655 A.2d 716 (Vt. 1994). · cites it 2× “13 V.S.A. § 5233(a). It is clear on their face that these statutes provide no greater right to counsel to a needy person than to any other individual.”

Gilman v. Comm'r of Motor Vehs. & Vermont Dist. Court, Unit No. 3, 583 A.2d 86 (Vt. 1990). · cites it 2× “§ 5234(a), and the right to appointed counsel, 13 V.S.A. § 5233(a), are essentially coextensive, a failure to afford counsel must have the same consequence as a failure to notify of the availability of counsel.”

In re Miles Otis Dow, Jr., 2019 VT 72 (Vt. 2019). · cites it 7× “The Defender General’s Office reviewed the petition and determined that petitioner’s claims lacked merit, pursuant to 13 V.S.A. § 5233(a)(3). Petitioner amended the PCR petition, adding arguments that had not been reviewed by the Defender General’s Office, and proceeded without…”

Show all 24 citing cases →

— Vt. Stat. Ann. tit. 13, § 5233(a) — 6 cases

In Re Bailey, 2009 VT 122 (Vt. 2009). “He maintains that 13 V.S.A. § 5233(a) does not require that the Court defer to the Defender's evaluation of the merits of a particular PCR.”

In re Crannell, 2012 VT 85 (Vt. 2012). “13 V.S.A. § 5233 (emphasis added). As Bailey explained, the amendment to § 5233 “expressly conditions a [PCR] petitioner’s entitlement to representation on counsel’s assessment of the merit of the legal action.”

State v. Parizo, 655 A.2d 716 (Vt. 1994). “13 V.S.A. § 5233(a). It is clear on their face that these statutes provide no greater right to counsel to a needy person than to any other individual.”

Gilman v. Comm'r of Motor Vehs. & Vermont Dist. Court, Unit No. 3, 583 A.2d 86 (Vt. 1990). “§ 5234(a), and the right to appointed counsel, 13 V.S.A. § 5233(a), are essentially coextensive, a failure to afford counsel must have the same consequence as a failure to notify of the availability of counsel.”

In re Kimmick, 2013 VT 43 (Vt. 2013). “The Defender General’s denial of services, authorized under 13 V.S.A. § 5233(a )( 3), was patently correct and required no more process.”

— Vt. Stat. Ann. tit. 13, § 5233(a)(1) — 3 cases

State v. Caron, 586 A.2d 1127 (Vt. 1990). “See 13 V.S.A. § 5233(a)(1). There is no indication that the legislature intended to supply a Vermont public defender to a person detained in another state and being questioned by an officer from that state about crimes that may have occurred there as well as in Vermont.”

In re A. C., 357 A.2d 536 (Vt. 1976).

In Re Ac, 357 A.2d 536 (Vt. 1976).

— Vt. Stat. Ann. tit. 13, § 5233(a)(3) — 16 cases

In Re Bailey, 2009 VT 122 (Vt. 2009). “He maintains that 13 V.S.A. § 5233(a) does not require that the Court defer to the Defender's evaluation of the merits of a particular PCR.”

In re Crannell, 2012 VT 85 (Vt. 2012). “13 V.S.A. § 5233 (emphasis added). As Bailey explained, the amendment to § 5233 “expressly conditions a [PCR] petitioner’s entitlement to representation on counsel’s assessment of the merit of the legal action.”

In re Gould, 2004 VT 46 (Vt. 2004). “13 V.S.A. § 5233(a)(3); see also In re Chapman, 155 Vt.”

In re Bruyette., 2014 VT 30 (Vt. 2014). “This case calls upon us to apply 13 V.S.A. § 5233 as interpreted in In re Bailey , 2009 VT 122 , 187 Vt.”

In re Russo, 2013 VT 35 (Vt. 2013). “postconviction proceeding which may have more than a minimal effect on the length or conditions of detention where the attorney considers the claims, defenses, and other legal contentions to be warranted by existing law or by a nonfrivolous argument for the extension,…”

— Vt. Stat. Ann. tit. 13, § 5233(a)(3)(A) — 2 cases

In re Miles Otis Dow, Jr., 2019 VT 72 (Vt. 2019). “The Defender General’s Office reviewed the petition and determined that petitioner’s claims lacked merit, pursuant to 13 V.S.A. § 5233(a)(3). Petitioner amended the PCR petition, adding arguments that had not been reviewed by the Defender General’s Office, and proceeded without…”

In re Miles Otis Dow, Jr., 2019 VT 72 (Vt. 2019).

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