ABSTRACT

Chapter 6 looks at the state policies governing the determination of indigency to qualify for appointment of counsel. The chapter introduces the framework for understanding the process of indigency determinations and the challenges the indigency determination presents to protecting due process rights for youth. This framework relies on prior studies related to indigent defense and the history of providing indigent defense in the US. The chapter then presents the variations in language among state policies governing indigency determinations and concludes with a quantitative summary of state policies in the US.