CHC 320     

Art. 320. Indigency determination

            A. For purposes of the appointment of counsel, children are presumed to be indigent.

            B. Except as provided in Article 608, the determination of the indigency of any person entitled to counsel in accordance with this Code may be made by the court at any stage of the proceedings. If necessary, the person shall be allowed to summon witnesses to testify before the court concerning the person's financial ability to employ counsel.

            C.(1) In determining whether a person is indigent and entitled to the appointment of counsel, the court shall consider whether the person is a needy person and the extent of the person's ability to pay.

            (2) The court shall consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents.

            (3) Release on bail shall not alone disqualify either an adult or child for appointment of counsel.

            D. In each case, subject to the penalty of perjury, the person shall certify in writing the material factors relating to the person's ability to pay as the court prescribes.

            Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 593, §1; Acts 2022, No. 272, §1.