Rule 37-5. Reference to Public Defender; Investigation of Indigency

The judicial authority shall refer the defendant to the public defender for an investigation of indigency 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 concludes, that the defendant has retained or will retain private counsel within a reasonable time;

(3) Decides to dispose of the case in accordance with Section 44-1 (2); or

(4) Learns that the public defender has already conferred with the defendant at some time following arrest and that the investigation of indigency has been made.

Committee Notes

(P.B. 1978-1997, Sec. 640.)