California Government Code

§ 27707

GOV § 27707 Effective Sep 18, 2020Div. 2 · Title 3 · Part 3 · Ch. 13

Statute text

(a)The court in which the proceeding is pending may make the final determination in each case as to whether a defendant or person described in Section 27706 is financially able to employ counsel and qualifies for the services of the public defender. The public defender shall, however, render legal services as provided in subdivisions (a), (b) and (c) of Section 27706 for any person the public defender determines is not financially able to employ counsel until such time as a contrary determination is made by the court. If a contrary determination is made, the public defender thereafter may not render services for such person except in a proceeding to review the determination of that issue or in an unrelated proceeding. In order to assist the court or public defender in making the determination, the court or the public defender may require a defendant or person requesting services of the public defender to file a financial statement under penalty of perjury. The financial statement shall be confidential and privileged and shall not be admissible as evidence in any criminal proceeding except the prosecution of an alleged offense of perjury based upon false material contained in the financial statement. The financial statement shall be made available to the prosecution only for purposes of investigation of an alleged offense of perjury based upon false material contained in the financial statement at the conclusion of the proceedings for which such financial statement was required to be submitted.

(b)This section shall become operative on July 1, 2021.

Legislative history

Repealed (in Sec. 14) and added by Stats. 2020, Ch. 92, Sec. 15. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.