Sec. 2-157. Representation of indigent persons.
(a) Court appointed private counsel shall represent, without charge, each indigent person who is under arrest for or charged with violating any provision of this Code or any Town ordinance, if:
(1) The defendant requests it and he or she complies with Subsection (c) of this Section; or
(2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject, on the record, the opportunity to be represented by legal counsel in the proceeding. When appointed by the court, the private counsel shall be limited to defending the indigent person and shall not be appointed to act as advisory counsel. The court shall not appoint private counsel to represent a defendant if such defendant does not fall within the fiscal standards established by the Supreme Court for appointment of public defenders or if such person is determined to be partially indigent.
(b) The determination of indigency shall be made by the court. When a defendant or, if applicable, his or her parent or legal guardian, requests representation by court-appointed counsel, such person shall submit an appropriate application, the form of which shall state that such application is signed under oath and under the penalty of perjury and that a false statement may be prosecuted as such. Before the court appoints a private attorney based on said application, the court shall advise the defendant or, if applicable, his or her parent or legal guardian, that the application is signed under oath and under the penalty of perjury. A copy of the application shall be sent to the prosecuting attorney for review, and, upon request, the court shall hold a hearing on the issue of the eligibility for appointment of the private attorney.
(c) Nothing in this Section shall be construed to authorize the private attorney to represent or advise any person who is physically outside the State and who has not made a court appearance in the pending matter in the Town.
(d) Except as otherwise provided, in any criminal prosecution of any provision of this Code or any Town ordinance, the prosecuting attorney may, at any time during the prosecution, state in writing whether or not he or she will seek incarceration as part of the penalty upon conviction of an offense for which the defendant has been charged. If the prosecuting attorney does not seek incarceration as part of such penalty, legal representation and supporting services need not thereafter be provided for the defendant at state expense, and no such defendant shall be incarcerated if found guilty of the charges against him or her, but the defendant shall be subject to alternatives available to the Town under this Code and ordinances for failure to pay fines and costs. (Ord. 303 §1-301, 1977; Ord. 348 §1, 1992)