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16-87-217. Recovery of fees owed.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-87-217
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ed32fbd07b405715a0294a0ea8b9664ccd129e3f745126058e34338f491d9b98
Source location: content.xml paragraph 31381
Stored source content
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 authorized under § 26-36-301 et seq. to recover the fee provided for under § 16-87-213(b) or a judgment provided in § 16-87-218.
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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. The source passage cites 16-87-213. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-87-218. Schedule of costs for legal services — Definitions.
(a) As used in this section:
(1) “Early disposition” means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and
(2) “Extended matter” means a case that involves legal proceedings that extend beyond a completed trial.
(b) At the time of final disposition of any charges pending against a defendant represented by a public defender, the public defender shall ask the court to enter a judgment against the defendant in favor of the State of Arkansas for legal services rendered by the public defender.
(c) The amount of judgment shall be based on the following nonbinding fee schedule:
(1) Capital murder, § 5-10-101, in which the death penalty was given, including any appeal and post-conviction remedy, twelve thousand five hundred dollars ($12,500);
(2) Capital murder, § 5-10-101, in which the death penalty was not given, murder in the first degree, § 5-10-102, or Class Y felony:
(A) For an early disposition, five hundred dollars ($500);
(B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or
(C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500);
(3) Any other felony homicide, §§ 5-10-103 — 5-10-106, Class A felony, or Class B felony:
(A) For an early disposition, two hundred fifty dollars ($250);
(B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or
(C) For a trial or an extended matter, five thousand dollars ($5,000);
(4) A Class C felony, Class D felony, unclassified felony, or driving or boating while intoxicated, § 5-65-103, third offense:
(A) For
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-87-218
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 16-87-218. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-36-301. Purposes.
(a) The purpose of this subchapter is to establish as policy that all claimant agencies and the Revenue Division of the Department of Finance and Administration shall cooperate in identifying debtors who:
(1) Qualify for refunds from the division; and
(2) Owe money to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq., through its various claimant agencies.
(b) It is also the intent of this subchapter that procedures be established for setting off against any such refund the sum of any debt owed to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-36-301
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 26-36-301. This identifies an authority to review, not proof of applicability.