If the court appoints a public defender for me, will my parents get billed for the services?

Whether or not your parents will be billed for the cost of having a public defender appointed to your case may depend on the state in which you live and yours and your family’s financial resources. A licensed attorney known as a public defender is appointed by the juvenile court in criminal cases to represent defendants who cannot afford to pay for counsel. This public defender may be a member of a publicly funded government agency that is established to represent indigent offenders. In some states, non-profit agencies that are funded through charitable donations, grants or other non-public sources are established to provide public defender services.

When Is a Public Defender Appointed?

A public defender will be appointed only if the defendant does not have income or resources in excess of a specific economic threshold. Either pre-trial services or the judge will determine if a particular defendant needs a public defender. A defendant that does not show sufficient financial need will be told to hire his own attorney. In some areas, if a determination of partial indigence is made the defendant may be ordered to repay to the court some of the costs of appointing counsel.

In multiple defendant cases, the public defender’s office, because of conflict of interest concerns, will only be able to represent one of the indigent offenders. If others are in need of an attorney and cannot afford to pay one, the court will appoint independent, private counsel that will accept a lower fee from the court to represent these offenders.

Consequences of Misleading the Court Regarding Ability to Pay

It is not wise for a defendant to lie to the court about his ability to pay an attorney to represent him. If the lie is discovered and the defendant actually does have the financial ability to hire an attorney, he will be ordered to repay the court for the cost of his representation. If a public defender ends up representing you based on a misrepresentation of your ability to pay an attorney, you may also be charged with a crime, such as making false representations to authorities, which could be punished by a fine or imprisonment.

Case Studies: How Insurance Relates to Public Defender Services

Case Study 1: State-Funded Public Defender

The court appoints a public defender for defendants who cannot afford to hire their own counsel. The state has a government-funded agency that provides public defender services. The agency receives funding from the state budget and is not directly associated with any insurance coverage.

Therefore, the appointment of a public defender in this case would not result in any billing to the defendant’s parents or any insurance company.

Case Study 2: Non-Profit Organization Funded Public Defender

A non-profit organization operates to provide public defender services. The organization relies on charitable donations, grants, and other non-public sources of funding.

If the court appoints a public defender from this organization for a defendant, the services would be provided without directly billing the defendant’s parents or involving any insurance coverage. Instead, the costs would be covered by the organization’s funding sources.

Case Study 3: Court-Appointed Independent Counsel

When multiple defendants are involved in a case, the public defender’s office cannot represent all of them due to conflict of interest concerns. In such situations, the court appoints independent, private counsel for the indigent defendants who cannot afford their own attorney.

These appointed attorneys often accept a lower fee from the court. In this scenario, the court may require partial reimbursement of the costs of appointing counsel from defendants who have partial indigence but still possess some financial resources.​