QuestionsQuestions (Act No. 1942)
Act No. 1942 (May 20, 1909) provides a mechanism to ensure that poor defendants in Courts of First Instance are represented by counsel free of charge, with certain exceptions.
Judges of First Instance may designate a practicing lawyer in each province of their respective districts as the defensor de oficio.
The defensor de oficio must represent the defendant free of charge in all criminal cases in the Court of First Instance of the province when the defendant is unable to employ counsel.
When the defendant is unable to employ counsel, and after the designation of the defensor de oficio has been made and accepted.
The court shall notify the provincial treasurer of the designation and acceptance.
The appointed lawyer is exempted from the payment of the license tax established by subsection eight of section one hundred and forty-four of Act No. 1189 during the entire time he holds the office.
He must make a sworn statement to the judge, including a promise not to collect money or receive any object from defendants as compensation unless the court grants special authority.
No. He must not collect unless the court grants him special authority for good reason; otherwise, he is required not to collect or receive compensation.
The court shall designate an equitable fee to be paid to the defensor de oficio.
There shall be no appeal from the order of the judge of the court fixing the equitable fee.
No. Section 5 allows him to engage in private practice, provided it is not incompatible with or detrimental to his official duties.
It states that Act No. 1942 shall not be construed to repeal Section 17 of General Orders No. 58 (as amended), which concerns the court’s ability under certain conditions to assign counsel not members of the bar to aid respondents in their defense.
In the Court of First Instance of the province, in criminal cases.
It shall take effect on its passage (enacted May 20, 1909).
It addresses incompatibility with or detriment to his official duties as defensor de oficio.