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16-87-213. Certificate of indigency.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-87-213. Certificate of indigency.
(a)(1)(A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency.
(B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and shall be provided by the court in which the person is charged.
(C) The certificate of indigency shall be executed under oath by the person charged with the offense and shall state in bold print that a false statement is punishable as a Class D felony.
(D) Upon execution, the certificate of indigency shall be made a permanent part of the indigent person's records.
(E)(i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(2)(A) of this section and for any amount ordered by the court after the case has concluded.
(ii) The certificate of indigency shall contain a notice that reads, “Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217.”
(2)(A) If the court in which the person is charged determines that the person qualifies for the appointment of an attorney by being indigent or partially indigent under standards set by the commission, the court, except as otherwise provided by this subchapter, shall appoint the trial public defender to represent the person before the court.
(B) The c
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-87-213
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-87-213
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d574505dd4f05c9de71d812b0032a2c621302d315ebcbb6f311ad2616a70f4b7
Source location: content.xml paragraph 31230
Stored source content
16-87-213. Certificate of indigency.
(a)(1)(A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency.
(B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and shall be provided by the court in which the person is charged.
(C) The certificate of indigency shall be executed under oath by the person charged with the offense and shall state in bold print that a false statement is punishable as a Class D felony.
(D) Upon execution, the certificate of indigency shall be made a permanent part of the indigent person's records.
(E)(i) The certificate of indigency also shall function as a legally binding contractual agreement in which the person charged agrees that in exchange for legal representation provided by the state, he or she shall pay the amount ordered by the court, both upon the initial appointment of an attorney under subdivision (a)(2)(A) of this section and for any amount ordered by the court after the case has concluded.
(ii) The certificate of indigency shall contain a notice that reads, “Your state income tax refund, legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state shall be intercepted to satisfy this debt under Ark. Code Ann. § 16-87-217.”
(2)(A) If the court in which the person is charged determines that the person qualifies for the appointment of an attorney by being indigent or partially indigent under standards set by the commission, the court, except as otherwise provided by this subchapter, shall appoint the trial public defender to represent the person before the court.
(B) The court shall not appoint an attorney prior to review of the submitted affidavit.
(b)(1) At the time of appointment of an attorney, the court immediately shall assess a fee of not less than ten dollars ($10.00) nor more than four hundred dollars ($400) to be paid to the commission in order to defray the costs of the public defender system.
(2) The fee under subdivision (b)(1) of this section may be waived if the court finds such an assessment to be too burdensome.
(3) The fee under subdivision (b)(1) of this section shall be collected at the beginning of the proceeding and is separate from any additional attorney's fee that might be assessed by the court.
(4)(A) The commission shall deposit the money collected under subdivision (b)(1) of this section into a separate account within the State Central Services Fund entitled “Public Defender User Fees” to which access shall only be available to the commission.
(B) The commission may carry over any funds remaining in the separate account under subdivision (b)(4)(A) of this section at the end of the fiscal year to the subsequent year.
(c) All fees under this subchapter shall be collected by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts and district courts of this state, and the collecting county or city official, agency, or department shall remit to the commission by the tenth day of each month all of the fees collected on forms provided by the commission.
(d) The appointing court may at any time review and redetermine whether or not a person is an indigent person who qualifies for the appointment of an attorney pursuant to this subchapter.
(e) This section does not bar a prosecution for perjury or other offenses based on misrepresentation of financial status.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-13-709. Responsibility for collection.
(a)(1)(A)(i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state.
(ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.
(iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court.
(B)(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.
(ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court.
(C)(i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant.
(ii) The court shall credit the defendant with the gross amount remitted to the private contractor.
(iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis.
(iv) Payment of the commission shall be through the county claims process.
(v) The county treasurer shall make a pro rata disbursement of the remaining fines to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-13-709
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-13-709. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-87-217. Recovery of fees owed.
(a)(1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made.
(2) Suit shall be brought within three (3) years after the date a certificate of indigency is filed.
(b)(1) The State of Arkansas also shall recover any fees owed or money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made by attaching a lien to the person's legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state.
(2) To effectuate a lien under subdivision (b)(1) of this section, a public defender shall file a notice of the lien setting forth services rendered to the person and a claim for reasonable value of the services with the clerk of the circuit court not later than ten (10) days after the disposition of the case.
(3) The person named in the notice of the lien shall be served personally with a copy of the lien in court immediately at the end of the trial court proceedings.
(4) The circuit court shall determine whether all or any part of the lien shall be allowed.
(c) In the event that a circuit court, county court, or district court renders a judgment for recovery of money in a civil action as described in this section, the Arkansas Public Defender Commission may file a claim for a setoff of the judgment amount against the person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq.
(d) This section does not prohibit the commission from filing a claim for a setoff against a person's state income tax refund as a claimant agency authori
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-87-217
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-87-217. This identifies an authority to review, not proof of applicability.