N.H. Admin. Code § Adm 1003.03 - Defendants Representations on Application for State Payment of Defense Services or Expenses

Completion and signing of the financial statement shall be a defendant's representation that he or she:

(a) Has read and understands the application;

(b) Swears that the information he or she has provided is:

(1) True to the best of his or her knowledge;

(2) Given to induce appointment of counsel because he or she is currently unable to retain private counsel; and

(3) Given under the penalty of perjury, the punishment for which is imprisonment for not more than 7 years;

(c) Requests appointment of an attorney because he or she cannot afford to retain private counsel;

(d) Understands that:

(1) Subject to Adm 1005, if the court appoints an attorney to represent him or her he or she might be liable for all legal fees and any other court-approved costs of defense;

(2) Subject to Adm 1005, the court will order him or her to repay the state according to his or her ability as determined by the court or the office of cost containment, if so ordered by the court;

(3) He or she shall contact the office of cost containment within 5 days after a repayment order is issued to confirm his or her mailing address;

(4) If he or she does not agree with the court's eligibility findings or decisions about his or her ability to pay, the defendant may file a motion to reconsider with the court, but shall prove to the court that any claimed shortage of funds is total or permanent or future employment is unlikely; and

(5) He or she shall notify the office of cost containment and the court of every change of address while still owing the state for the cost of representation; and

(e) Subject to Adm 1005, authorizes the court or the office of cost containment, if so ordered by the court, to obtain any and all information with regard to his or her employment and financial condition from any government agency, bank creditor or employer.

Notes

N.H. Admin. Code § Adm 1003.03

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06

Amended byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10728, Effective 10/25/2014, Expires10/25/2024. Amended by Volume XL Number 24, Filed June 11, 2020, Proposed by #13050, Effective 7/1/2020, Expires 7/1/2030