Office of Defense Services

Del. Code tit. 29, ch. 46
in effect

Del. Code tit. 29, § 4601 Office of Defense Services.

There is created the Office of Defense Services, comprised of 3 branches: Central Administration, the Public Defender’s Office and the Office of Conflicts Counsel.

Del. Code tit. 29, § 4602 Appointment; representation of defendants.

(a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represent, without charge, each indigent person who is under arrest or charged with a crime, under any of the following circumstances: (1) The defendant requests it. (2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject on the record the opportunity to be so represented. (b) The determination of indigency shall be made by the Office of Defense Services. The representation will be without charge to the indigent person. (c) Any person under the age of 18 arrested or charged with a crime or act of delinquency shall be automatically eligible for representation by the Office of Defense Services.

Del. Code tit. 29, § 4603 Term of office; compensation; assistants.

(a) For appointments made after July 1, 2015, the Chief Defender shall serve for a term of 8 years from the date of appointment. (b) The Chief Defender may appoint as many assistant attorneys, clerks, investigators, stenographers and other employees as the Chief Defender considers necessary to enable the Office of Defense Services to carry out the responsibilities of the office. Assistant Public Defenders and attorneys contracting with the Office of Conflicts Counsel must be licensed to practice in this State. (c) The compensation of persons appointed under subsection (b) of this section shall be fixed by the Chief Defender. (d) Salaried attorneys employed by the Office of Defense Services are prohibited from engaging in the practice of law outside the duties of the Office of Defense Services. Salaried attorneys who have already established private practices as of January 1, 2015, are exempt from the prohibition until May 28, 2025. After May 28, 2025, all salaried attorneys employed by the Office of Defense Services are prohibited from engaging in private law practice.

Del. Code tit. 29, § 4604 Representation of indigent persons.

When representing an indigent person, the Office of Defense Services shall do all of the following: (1) Counsel and defend the indigent person, whether held in custody without commitment or charged with a criminal offense, at every stage of the proceedings following arrest. (2) Prosecute any appeals or other remedies before or after conviction that the Chief Defender considers to be in the interest of justice or as authorized by statute.

Del. Code tit. 29, § 4605 Appointment of additional counsel.

For cause, the court may, on its own motion or upon the application of the Office of Defense Services or the indigent person, appoint the Office of Conflicts Counsel, or other qualified counsel, to represent the indigent person at any stage of the proceedings or on appeal. The attorneys contracting with the Office of Conflicts Counsel shall be awarded reasonable compensation and reimbursement for expenses necessarily incurred, to be fixed by the Chief Defender and paid through the Office of Conflicts Counsel.

Del. Code tit. 29, § 4606 Annual reports.

The Office of Defense Services shall make an annual report to the Governor and the General Assembly covering all cases handled by the Office of Defense Services during the preceding year.

Del. Code tit. 29, § 4608 Representation of indigent parents in DSCYF custody proceedings.

(a) The Office of Defense Services shall represent, without charge, indigent parents under Chapter 25 of Title 13 under any of the following circumstances: (1) The indigent parent requests representation. (2) The Court, on its own motion or otherwise, so orders and the indigent parent does not affirmatively reject on the record the opportunity to be so represented. (b) The determination of indigency shall be made by the Office of Defense Services. The representation will be without charge to the indigent parent.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c046/index.htmlFetched: 10/4/2026