Information Public Defence Policy

[Courts]

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Per the authority granted under the Act of Congress - Save The Public Defender Program Act, and the Constitution, the Supreme Court under policy directive dated 06 October 2024, has made the following policy for Judicial Officers to use regarding the Public Defender Program.

Entitlement
A Public Defender will be called if any one of the below requirements are met:

• A case will result in default judgement
• The defendant requests a public defender and can reasonably justify compelling circumstances of hardship financial or otherwise
• At the discretion of the presiding Judicial Officer(s).

An individual's entitlement to public defence is annulled if they are seen to be otherwise active and ignoring their obligations to the court.

Process
The Court Clerk, or relevant Court Chief Judicial Officer, will arrange for quotes from private law firms.

Appointment of a public defender will be at the discretion of the tendering Judicial Officer and will have a minimum payment of at least $2500.

All public defenders are at Commonwealth expense.