Section 13.06.320 Eligibility for Court Appointed Counsel.

a. The defendant is charged with a crime, or any proceeding concerning an order of probation, including but not limited to the revoking or amending thereof.

c. The defendant provides to the court in writing a verified financial statement and any other information in writing and under oath that the court may require or that the defendant desires to submit relating to the defendant's financial ability to obtain counsel; and

2. Appointed counsel shall not be denied to any person merely because the person's friends or relatives have resources adequate to retain counsel or because the person has deposited or is capable of depositing security for release. However, appointed counsel may be denied to a person if the person's spouse has adequate resources which the court determines should be made available to retain counsel. Counsel should be provided to any person who is financially unable to attain adequate representation without substantial hardship in providing necessities to the person or the person's family.

c. A list of automobiles and other personal property of significant value belonging to defendant or defendant's spouse;

e. A record of earnings and other sources of income in the name of defendant or defendant's spouse, and the total of each.

f. A copy of the defendant's federal income tax return and the defendant's spouse's federal income tax return if filed separately.

4. If the court determines that a defendant meets the criteria under subsections (1) and (2) of this section, the court may grant a continuance to permit the defendant to make further efforts to obtain counsel, or the court may allow the defendant to execute an agreement with the agency paying the costs of a court-appointed counsel to repay on a monthly basis the cost of a court-appointed counsel. The agreement shall provide for repayment regardless of defendant's guilt or innocence.

5. Unless otherwise ordered by the court, the appointment of counsel under this section shall continue during all criminal proceedings resulting from the defendant's arrest through acquittal or the imposition of punishment. The court having jurisdiction of the case may substitute one appointed counsel for another at any stage of the proceedings when the interests of justice require such substitution.

6. If, at any time after the appointment of counsel, the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel, the court may terminate the appointment of counsel. If, at any time during criminal proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in this section.

7. A civil proceeding may be initiated by the City for expenditure of monies for the defendant's legal assistance within two years of judgment if the defendant was not qualified in accordance with subsection (1) of this section for legal assistance or if the defendant within two years of judgment acquires funds or assets, not exempt from execution under law, which would have disqualified defendant from court appointed counsel had such funds or assets been available upon initial application.