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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 5236 (2026)

✓ current as of May 2026
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Subchapter 002 : NOTICE AND NATURE OF RIGHTS

(Cite as: 13 V.S.A. § 5236)
Notes of Decisions
Cited in 10 cases, 1974–2019 · leading case: State v. Bernard D. Rougeau, 209 A.3d 599 (Vt. 2019).
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State v. Bernard D. Rougeau, 209 A.3d 599 (Vt. 2019). · cites it 3× “See 13 V.S.A. § 5236(d) - (e) (permitting clerk of court or judicial officer to require applicant for public-defender services to provide court with additional "proof of income" and to request from Commissioner of Taxes a "nonspecific report of the adjusted gross income as shown…”
In Re Bailey, 2009 VT 122 (Vt. 2009). · cites it 2× “" See generally 13 V.S.A. § 5236. In this case, a line was checked on the form indicating that because "applicant is financially needy and has been charged with a serious offense, an attorney is assigned to represent the applicant as soon as any co-payment is paid to the court…”
State v. Christopher Sullivan, 167 A.3d 876 (Vt. 2017). · cites it 2× “Defendant filed a timely appeal of the court's denial of public-defender services pursuant to 13 V.S.A. § 5236(c), which provides that, after an initial determination of need, "the applicant, the State, or the Office of the Defender General may appeal the determination to a…”
State v. Morgan, 789 A.2d 928 (Vt. 2001). · cites it 2× “13 V.S.A. § 5236(b). "A needy person is a person who at the time of need assessment is financially unable, without undue hardship, to provide for full payment of an attorney and all other necessary expenses of representation or who is otherwise unable to employ an attorney.”
State v. van Aelstyn, 2007 VT 6 (Vt. 2007). “See 13 V.S.A. § 5236 (providing for assignment of public defender based upon determination of financial need); A.”
State v. Lathe, 326 A.2d 147 (Vt. 1974). “Under 13 V.S.A. § 5236 a court, in considering whether a person is entitled to be represented by an attorney at public expense, “may consider such factors as income, property owned, outstanding obligations, and the number and ages of his dependents.”
State v. Currier, 758 A.2d 818 (Vt. 2000). “The public defender filed a docketing statement here, but advised the Court several times in writing that he did not consider himself to be defendant’s appellate counsel because he had not been separately appointed pursuant to 13 V.S.A. § 5236(a) (requiring defendants to submit…”
State v. van Aelstyn, 181 Vt. 274 (Vt. 2007). “See 13 V.S.A. § 5236 (providing for assignment of public defender based upon determination of financial need); A.”
State v. Bailey, 682 A.2d 387 (Vt. 1996). “” 13 VS.A. § 5236(b). If the person is eligible for assigned counsel, then the statute sets forth the second step for co-payment and reimbursement.”
State v. Jeffrey Kittredge, 182 A.3d 63 (Vt. 2018). · cites it 2× “First, a court determines whether an individual is "needy," and therefore eligible for public defender services, 13 V.S.A. § 5236, and then it calculates the copay the applicant is required to contribute towards the representation.”
— Vt. Stat. Ann. tit. 13, § 5236(a) — 1 case
State v. Currier, 758 A.2d 818 (Vt. 2000). “The public defender filed a docketing statement here, but advised the Court several times in writing that he did not consider himself to be defendant’s appellate counsel because he had not been separately appointed pursuant to 13 V.S.A. § 5236(a) (requiring defendants to submit…”
— Vt. Stat. Ann. tit. 13, § 5236(b) — 3 cases
State v. Morgan, 789 A.2d 928 (Vt. 2001). “13 V.S.A. § 5236(b). "A needy person is a person who at the time of need assessment is financially unable, without undue hardship, to provide for full payment of an attorney and all other necessary expenses of representation or who is otherwise unable to employ an attorney.”
State v. Bailey, 682 A.2d 387 (Vt. 1996). “” 13 VS.A. § 5236(b). If the person is eligible for assigned counsel, then the statute sets forth the second step for co-payment and reimbursement.”
State v. Jeffrey Kittredge, 182 A.3d 63 (Vt. 2018). “First, a court determines whether an individual is "needy," and therefore eligible for public defender services, 13 V.S.A. § 5236, and then it calculates the copay the applicant is required to contribute towards the representation.”
— Vt. Stat. Ann. tit. 13, § 5236(c) — 1 case
State v. Christopher Sullivan, 167 A.3d 876 (Vt. 2017). “Defendant filed a timely appeal of the court's denial of public-defender services pursuant to 13 V.S.A. § 5236(c), which provides that, after an initial determination of need, "the applicant, the State, or the Office of the Defender General may appeal the determination to a…”
— Vt. Stat. Ann. tit. 13, § 5236(d) — 1 case
State v. Bernard D. Rougeau, 209 A.3d 599 (Vt. 2019). “See 13 V.S.A. § 5236(d) - (e) (permitting clerk of court or judicial officer to require applicant for public-defender services to provide court with additional "proof of income" and to request from Commissioner of Taxes a "nonspecific report of the adjusted gross income as shown…”
— Vt. Stat. Ann. tit. 13, § 5236(f) — 1 case
State v. Bernard D. Rougeau, 209 A.3d 599 (Vt. 2019). “See 13 V.S.A. § 5236(d) - (e) (permitting clerk of court or judicial officer to require applicant for public-defender services to provide court with additional "proof of income" and to request from Commissioner of Taxes a "nonspecific report of the adjusted gross income as shown…”
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