Appointment and Exemption from License Tax
- Upon designation and acceptance of the position, the court must notify the provincial treasurer.
- The appointed defensor de oficio is exempt from paying the license tax specified in subsection eight of section 144 of Act No. 1189 during the term of office.
Oath and Undertaking of the Defensor de Oficio
- Before assuming duties, the defensor de oficio must take an oath before the judge.
- The oath includes a promise not to collect any fee or accept any form of compensation from defendants unless expressly authorized by the court for good cause.
Compensation Upon Proof of Defendant's Ability to Pay
- If it is later demonstrated that the defendant can afford private counsel fees, the court shall set an equitable fee payable to the defensor de oficio.
- The court’s order assessing such fees is final and not subject to appeal.
Permitted Private Practice of the Defensor de Oficio
- The defensor de oficio may engage in private legal practice.
- Such private practice must not interfere with or be harmful to the performance of official duties.
Non-Repeal of Prior Provisions Allowing Assigned Counsel
- This Act does not repeal section 17 of General Orders No. 58 (April 23, 1900), as amended by Act No. 440, which allows courts under certain conditions to assign non-bar members as counsel to defendants.
Effectivity
- The Act took effect immediately upon its passage on May 20, 1909.