Sec. 14.06.01.01. Provisions for Representation

A. The Office of the Public Defender shall provide representation to a person cited for contempt for failure to pay court-ordered support payments under the following circumstances:

(1) Upon request by the Court or upon application by the person cited;

(2) If it is determined that the person cited is indigent in accordance with Article 27A, 2(f) and 7(a), Annotated Code of Maryland, and the person cited has no private counsel who had previously represented him in a divorce or paternity proceedings whose appearance is still pending on the cited person's behalf; and

(3) That the person cited is actually facing a prison term.

B. In making the determination to represent a person cited for contempt in non-support proceedings, it shall be encumbent upon the Office of the Public Defender to ascertain, before the hearing, whether the:

(1) State's Attorney will actually seek incarceration; or

(2) Department of Social Services, or counsel prosecuting the support case, or both, is seeking incarceration.