Sec. 14.06.02.04. Assignment of Panel Attorneys

A. When the office determines that an applicant for legal services is, in fact, an indigent and qualified for legal services under the Act, the Office may assign the applicant to a panel attorney. The Public Defender may relieve a panel attorney and substitute a new panel attorney. A panel attorney may not circumvent reassignment by entering a notice of appearance as private counsel.

B. Primary Duty of Panel Attorneys. The primary duty of all panel attorneys appointed by the Office shall be to the individual defendant, with like effect and to the same purpose as though privately engaged by the indigent person and without regard to the use of public funds to provide the service (Article 27A, §6(c)).

C. Privileged Communication. All communications between the individual defendant and any person in or engaged by the Office shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel had been privately engaged. This does not preclude the use by the Office of material in the defendant's files, otherwise privileged, for the preparation and disclosure of statistical, case study, and other sociological data, provided always that in this use there shall be no disclosure of the identity of particular defendants.

D. Each district public defender, subject to the authority and supervision of the Public Defender, shall maintain a confidential list of private attorneys who are eligible to provide legal representation under Article 27A, Annotated Code of Maryland. The qualification criteria for the panel attorneys shall be set forth by the Public Defender.