Title 45: Public Welfare
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PART 1613—RESTRICTIONS ON LEGAL ASSISTANCE WITH RESPECT TO CRIMINAL PROCEEDINGS
Section Contents
§ 1613.1 Purpose.
§ 1613.2 Definition.
§ 1613.3 Prohibition.
§ 1613.4 Authorized representation.
Authority:
Sec. 1007(b)(1); 42 U.S.C. 2996f(b)(1).
Source:
43 FR 32775, July 28, 1978, unless otherwise noted.§ 1613.1 Purpose.
top
This part is designed to insure that Corporation funds will not be used to provide legal assistance with respect to criminal proceedings unless such assistance is required as part of an attorney's responsibilities as a member of the bar.
§ 1613.2 Definition.
top Criminal proceeding means the adversary judicial process prosecuted by a public officer and initiated by a formal complaint, information, or indictment charging a person with an offense denominated “criminal” by applicable law and punishable by death, imprisonment, or a jail sentence. A misdemeanor or lesser offense tried in an Indian tribal court is not a “criminal proceeding”.
§ 1613.3 Prohibition.
top Corporation funds shall not be used to provide legal assistance with respect to a criminal proceeding, unless authorized by this part.
§ 1613.4 Authorized representation.
top Legal assistance may be provided with respect to a criminal proceeding.
(a) Pursuant to a court appointment made under a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction, if authorized by the recipient after a determination that it is consistent with the recipient's primary responsibility to provide legal assistance to eligible clients in civil matters; or
(b) When professional responsibility requires representation in a criminal proceeding arising out of a transaction with respect to which the client is being, or has been, represented by a recipient.
