The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 163: PUBLIC DEFENDERS

Sub-Chapter 002: Notice And Nature Of Rights

13 V.S.A. § 5231. Right to representation, services and facilities



§ 5231. Right to representation, services and facilities

(a) A needy person who is being detained by a law enforcement officer without charge or judicial process, or who is charged with having committed or is being detained under a conviction of a serious crime, is entitled:

(1) To be represented by an attorney to the same extent as a person having his or her own counsel; and

(2) To be provided with the necessary services and facilities of representation. Any such necessary services and facilities of representation that exceed $1,500.00 per item must receive prior approval from the court after a hearing involving the parties. The court may conduct the hearing outside the presence of the state, but only to the extent necessary to preserve privileged or confidential information. This obligation and requirement to obtain prior court approval shall also be imposed in like manner upon the attorney general or a state's attorney prosecuting a violation of the law.

(b) The attorney, services and facilities, and court costs shall be provided at public expense to the extent that the person, at the time the court determines need, is unable to provide for the person's payment without undue hardship. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1995, No. 178 (Adj. Sess.), § 63; 2009, No. 33, § 34.)