General Provisions

V.S.A. tit. 13, ch. 163, subch. 1

in effect

13 V.S.A. § 5201 Definitions

5201. Definitions In this chapter, the term: (1) “Detain” means to have in custody or otherwise deprive of freedom of action. (2) “Expenses,” when used with reference to representation under this chapter, includes the expenses of investigation, other preparation, and trial. (3) “Needy person” means a person who at the time his or her need is determined is financially unable, without undue hardship, to provide for the full payment of an attorney and all other necessary expenses of representation or who is otherwise unable to employ an attorney. (4) “Serious crime” includes: (A) a felony; (B) a misdemeanor the maximum penalty for which is a fine of more than $1,000.00 or any period of imprisonment unless the judge, at the arraignment but before the entry of a plea, determines and states on the record that he or she will not sentence the defendant to a fine of more than $1,000.00 or a period of imprisonment if the defendant is convicted of the misdemeanor; and (C) an act that, but for the age of the person involved, would be a serious crime. (5) “Serious crime” does not include the following misdemeanor offenses unless the judge at arraignment but before the entry of a plea determines and states on the record that a sentence of imprisonment or a fine over $1,000.00 may be imposed on conviction: (A) [Repealed.] (B) Big game violations (10 V.S.A. § 4518) (C) Simple assault by mutual consent (13 V.S.A. § 1023(b)) (D) Bad checks (13 V.S.A. § 2022) (E) Petit larceny (13 V.S.A. § 2502) (F) Theft of services under $500.00 (13 V.S.A. § 2582) (G) Retail theft under $900.00 (13 V.S.A. § 2577) (H) Unlawful mischief (13 V.S.A. § 3701(c)) (I) Unlawful trespass (13 V.S.A. § 3705(a)) (J) Disorderly conduct (13 V.S.A. § 1026) (K) Possession of cannabis—first offense (18 V.S.A. § 4230(a)(1)) (L) Violation of municipal ordinances Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 118, § 18, eff. Oct. 1, 1973; 1975, No. 254 (Adj. Sess.), § 25; 1995, No. 21, § 2; 2007, No. 108 (Adj. Sess.), § 2; 2015, No. 147 (Adj. Sess.), § 8, eff. May 31, 2016.

13 V.S.A. § 5202 Construction with other laws

5202. Construction with other laws The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides. Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.

13 V.S.A. § 5203 Federal courts

5203. Federal courts This chapter applies only to representation in or with respect to the courts of this State. It does not prohibit the Defender General, the Deputy Defender General, or public defenders from representing a needy person in a federal court of the United States, if: (1) the matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the State; (2) representation is under a plan of the U.S. District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. § 3006A); or (3) representation is in or with respect to a matter arising out of or relating to immigration status. Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1987, No. 183 (Adj. Sess.), § 22; 2017, No. 177 (Adj. Sess.), § 2.

13 V.S.A. § 5204 Court rules

5204. Court rules The Supreme Court shall make such rules as shall further the intent and purposes of this chapter. Those rules shall be controlling in all courts of this State. Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.

13 V.S.A. § 5205 Court assigned attorneys

5205. Court assigned attorneys (a) The Supreme Court shall prescribe reasonable rates of compensation for the services of attorneys, assigned under sections 5272 or 5274 of this title, who have not entered into a contract with the Defender General to provide assigned counsel services. (b) The Defender General shall enter into contract with a member of the bar to serve as assigned counsel coordinator, who shall determine those expenses, necessary to representation, for which assigned counsel shall be reimbursed. The Defender General may not supervise the duties of the assigned counsel coordinator, but the assigned counsel coordinator shall consult with the Defender General concerning the assigned counsel budget. (c) The Defender General may enter into contracts, as provided by section 5253 of this title, with attorneys to provide assigned counsel services. Payment and expenses of assigned counsel, and of the assigned counsel coordinator, shall be made from funds appropriated to the Office of the Defender General for the compensation of assigned counsel. Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1981, No. 146 (Adj. Sess.), § 1, eff. April 8, 1982.

13 V.S.A. § 5206 Appointment of counsel by court; use of uncounseled convictions

5206. Appointment of counsel by court; use of uncounseled convictions (a) Prior to any decision regarding the appointment of counsel under the provisions of subdivisions 5201(4)(B) and (5) of this title, the judge shall inquire of the prosecutor whether a term of imprisonment or a fine over $1,000.00 will be sought. (b) At the request of the prosecutor or on the judge’s own motion, at any time prior to the commencement of trial and if there is a change of circumstances or new information, the judge may vacate the commitment to not sentence the defendant to a fine of not more than $1,000.00 or to a period of incarceration upon conviction. If the judge vacates the commitment, the judge shall inform the defendant of the right to apply for the appointment of counsel at State expense. (c) A prior uncounseled criminal conviction of a crime listed in subdivisions (A) through (L) of subdivision (5) of section 5201 of this title in which counsel was denied and the defendant was otherwise entitled to appointed counsel under this subchapter, shall not be used to subject that defendant to the enhanced statutory penalty for a subsequent conviction for the same offense. (d) Notwithstanding subdivision 5201(4)(B) of this title, a needy person who is charged with an offense which provides for a felony penalty for the next subsequent conviction for the same offense shall be entitled to counsel under this chapter. Added 1995, No. 21, § 3.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/13/163Fetched: 10/21/2026