All data is current as of 2013, unless otherwise noted.
Return to the list of all States & Territories.
Read about a particular aspect of the right to counsel in Delaware by clicking on the heading for that issue. Or [Expand All] to see and print from one location all of the facts about the right to counsel in Delaware, then [Collapse All] whenever you need to do so.
How the right to counsel is administered and structured
Branch of government: executive
The Office of Defense Services is a statewide public defender system in the executive branch. It is led by a chief public defender who is appointed directly by the governor.
How the right to counsel is funded
Percentage of local funding: 0%
Percentage of alternative funding: 0%
The methods used to provide public counsel
The public defender office recently created an Office of Conflicts Counsel to oversee the state’s conflict program (previously a function of the Administrative Office of Courts). Conflict representation is generally provided by private bar attorneys working under contract for an annual flat rate, though certain conditions trigger counsel to earn an hourly rate above and beyond the annual flat fee.
Delaware Constitution, art. 1, § 7
Delaware Code, tit. 29, §§ 4601 through 4608 (office of defense services)
Source of data: original research conducted by Sixth Amendment Center staff.