All data is current as of 2013, unless otherwise noted.
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How the right to counsel is administered and structured
State commission: none
Branch of government: executive
The Office of Defense Services is a statewide public defender system in the executive branch. It is led by a chief public defender who is appointed directly by the governor.
How the right to counsel is funded
Percentage of state funding: 100%
Percentage of local funding: 0%
Percentage of alternative funding: 0%
The methods used to provide public counsel
Full-time staff attorneys, employed by the state Office of the Public Defender, represent juvenile and adult clients in all levels of court from branch offices located in each of Delaware’s three counties.
The public defender office recently created an Office of Conflicts Counsel to oversee the state’s conflict program (previously a function of the Administrative Office of Courts). Conflict representation is generally provided by private bar attorneys working under contract for an annual flat rate, though certain conditions trigger counsel to earn an hourly rate above and beyond the annual flat fee.
Legal authority
Delaware Constitution, art. 1, § 7
Delaware Code, tit. 29, §§ 4601 through 4608 (office of defense services)
Source of data: original research conducted by Sixth Amendment Center staff.
