45 CFR Part 1613
Part 1613—Restrictions on Legal Assistance with Respect to Criminal Proceedings
Public Welfare · Chapter XVI, Chapter XVI—Legal Services Corporation
45 CFR Part 1613 - Words
- 287
- Sections
- 5
- Last amended
- December 20, 2016
- Administered by
- Legal Services Corporation
45 CFR Part 1613
Text as published by eCFR on .
PART 1613—RESTRICTIONS ON LEGAL ASSISTANCE WITH RESPECT TO CRIMINAL PROCEEDINGS
43 FR 32775, July 28, 1978, unless otherwise noted.
§ 1613.1 Purpose.
This part is designed to ensure that Corporation funds will not be used to provide legal assistance with respect to criminal proceedings unless such assistance is authorized by this part.
[79 FR 21150, Apr. 15, 2014]
§ 1613.2 Definition.
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.
[79 FR 21150, Apr. 15, 2014]
§ 1613.3 Prohibition.
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.
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 of equal applicability to all attorneys in the jurisdiction, if authorized by the recipient after a determination that acceptance of the appointment would not impair the recipient's primary responsibility to provide legal assistance to eligible clients in civil matters.
(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.
[43 FR 32775, July 28, 1978, as amended at 79 FR 21150, Apr. 15, 2014]
§ 1613.5 Criminal representation in Indian tribal courts.
(a) Legal assistance may be provided with Corporation funds to a person charged with a criminal offense in an Indian tribal court who is otherwise eligible.
(b) Legal assistance may be provided in a criminal proceeding in an Indian tribal court pursuant to a court appointment only if the appointment is made under a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction, and is authorized by the recipient after a determination that acceptance of the appointment would not impair the recipient's primary responsibility to provide legal assistance to eligible clients in civil matters.
[79 FR 21151, Apr. 15, 2014]