CHAPTER 474

FORMERLY

SENATE BILL NO. 235

AN ACT TO AMEND TITLE 10, TITLE 11 AND TITLE 29 OF THE DELAWARE CODE RELATING TO COURT PRACTICE AND PROCEDURE; AND PROVIDING LEGAL REPRESENTATION FOR PUBLIC OFFICERS AND EMPLOYEES UNDER CERTAIN CIRCUMSTANCES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Chapter 39, Part III, Title 10 of

the Delaware Code by adding thereto a new section, designated as §3925, which new section shall read as follows:

"§3925. Public Officers and Employees.

Any public officer or employee, in a criminal or civil action against him arising from his State employment, shall be entitled to petition the court for a court-appointed attorney to represent his interests in the matter. If the judge, after consideration of the petition, examination of the petitioner, and receipt of such further evidence as he may require, determines that the petition has merit, he shall appoint an attorney to represent the interests of such public officer or employee. The court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the court. The court may first appoint all attorney from the Department of Justice. If the court determines that the Department is unable to represent such public officer or employee, the court may appoint an attorney from the Office of the Public Defender in criminal actions only, and in civil actions may appoint all attorney licensed in this State."

Section 2. Amend Chapter 51, Part III, Title 11 of

the Delaware Code by adding thereto a new section, designated as §5105, which new section shall read as follows:

"§1505. Public Officers and Employees.

Any public officer or employee, in any criminal action against such officer or employee arising from his State employment, shall be entitled to petition the Court for a Court-appointed attorney to represent his interests in the matter. If the judge, after the consideration of the petition, examination of the petitioner, and receipt of such further evidence as he may require, determines that the petition has merit, he shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall continue such representation until the final determination of the matter, even if the case is transferred to another court, unless such attorney is earlier released by such person or by the Court."

Section 3. Amend Chapter 53, Part III, Title 11 of

the Delaware Code by adding thereto a new section, designated as §5307, which new section shall read as follows:

"§5307. Public Officers and Employees.

Any public officer or employee, in any criminal action against such officer or employee arising from his State employment, shall be entitled to petition the Court for a Court-appointed attorney to represent his interests in the matter. If the judge, after consideration of the petition, examination of the petitioner, and receipt of such further evidence as he may require, determines that the petition has merit, he shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the Court. In any action where the Court-appointed attorney has been ap-

pointed in the Court of Common Pleas, such attorney shall remain the Court-appointed attorney of said public official or employee even when the case is transferred for any reason to another court of this State."

Section 4. Amend Chapter 59, Part III, Title 11 of

the Delaware Code by adding thereto a new section, designated as §5902, which new section shall read as follows:

"§5902. Public Officers and Employees.

Any public officer or employee, in any criminal action against such officer or employee arising from his State employment, shall be entitled to petition the Court for a Court-appointed attorney to represent his interests in the matter. If the judge, after consideration of the petition, examination of the petitioner, and receipt of such further evidence as he may require, determines that the petition has merit, he shall appoint an attorney to represent the interests of such public officer or employee. The Court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the Court. In any action where the Court-appointed attorney has been appointed in the Justice of the Peace Court, such attorney shall remain the Court-appointed attorney of said public official or employee even when the case is transferred for any reason to another court of this State."

Section 5. Any State officer or employee presently

involved in civil or criminal litigation arising directly from his State employment may petition the Court to have the Court designate his present attorney of record as a Court-appointed attorney for purposes of this Act. If the judge, after consideration of the petition, examination of the petitioner, and receipt of such further evidence as he may require, determines that the petition has merit, he may appoint such attorney and such attorney shall be deemed to be a Court-appointed attorney as set forth in Section 1 of this Act for the remainder of the litigation. For his services following

his appointment as a Court-appointed attorney, such attorney shall be paid by the Court at a rate of compensation to be determined by the Court.

Approved June 21, 1976