Frequently Asked Questions

FROM CLIENTS:

Are assigned counsel real attorneys?

Yes. Assigned counsel are practicing, private attorneys who are members of the Connecticut bar. They must follow the same rules and requirements for all attorneys who practice in Connecticut.

What if I want to contact someone about my assigned counsel?

OCPD takes communications from our clients seriously.  
Communications from all clients/potential clients of the agency, including those regarding assigned counsel, are handled initially at OCPD by Deputy Chief Public Defender, John Day and his staff. The Director of Assigned Counsel is available to the Deputy Chief as needed for these matters.

Why do I have an assigned counsel instead of an agency staff attorney?

There are many reasons courts appoint an assigned counsel.  The most common one is a field office has a conflict with your case, and your case requires you have representation without that complication.  Sometimes a field office has an influx of too many cases and needs to spread out the caseload for effective representation.  Most child protection cases are handled by assigned counsel although agency staff attorneys in our juvenile field offices do represent children in both delinquency and child protection proceedings. Ultimately, however, the decision to assign a case to assigned counsel is made based on agency need.

Can I pay my assigned counsel?

No.  Assigned counsel are appointed by the court because a judge has made a determination that you are indigent and unable to afford (pay for) representation.  If circumstances have changed and you wish to pay for counsel, you should notify your assigned counsel who will assist with next steps.

Can my assigned counsel help me with other cases I have?

No. Your assigned counsel can only represent you on matters the Assigned Counsel Unit has specifically assigned to your attorney.
If you have other matters you wish the attorney to handle, however, you should reach out to OCPD to ask if it is possible.
Please note that if you are not a United States citizen and/or have collateral consequences from your case(s) (DMV, Housing and more) your assigned counsel will give you some advice as to the effects of the case they handle on those collateral issues. The assigned counsel cannot, however, represent you on any other matters without pre-approval from the Director of Assigned Counsel, and will not be able to be assigned to anything this agency does not handle (see “Practice Areas” link, on the Assigned Counsel webpage.)

What if my case needs an expert, investigator or someone else to help my attorney?

Your assigned counsel can make a request to have certain expenses on your case paid for by our agency, and has the same access to resources as agency attorneys.  (See also the link to “Case Expenses” on this Assigned Counsel Unit webpage.)

FROM ATTORNEYS:

Can I apply any time for an assigned counsel contract?

Generally, no.  The Assigned Counsel Unit accepts applications in some situations outside of the application period, but the majority of contracts for assigned counsel contracts are determined from applications received during the annual application period.
If you are interested in a contract, however, please reach out to the Assigned Counsel Unit at any time of the year so we can discuss this with you.


What do I do if my client in a criminal case picks up more cases?

Notify the field office where the cases are being heard (court location).  They will make sure the court appoints counsel when appropriate, and will determine whether the cases are appropriate to send up to the Assigned Counsel Unit for to be assigned to you.  If they are in a different court location, the field office will provide representation unless that office also has a conflict.

Can I be assigned a case without a contract?

No. All assignments are subject to a contract. The Assigned Counsel Unit has contracts covering various needs for representation and circumstances that arise.
If a judge appoints you and you do not have a contract, however, you should, ethically, bring that to the attention of the court at the time, or as soon as possible.

When I become an assigned counsel am I now an agency employee?

No. All assigned counsel are independent contractors and are not employees of this agency.

What can I do if I want a new practice area but will need assistance?

If you are interested in expanding your practices to new practice areas where this agency provides counsel, please reach out to the Assigned Counsel Unit. In some instances and budget providing, we can provide training and/or mentoring that may assist you in developing skills in a new area, comfortably.

What do I do if I find out I have a conflict and/or cannot continue to represent a client I was assigned to?

In nearly all instances you will have an appearance filed with the court, so will need to file a motion to withdraw with the court, with appropriate notice to your client, per the Connecticut Practice Book.
If you are unable to do this, however, (i.e. illness or another factor) the Assigned Counsel Unit should be notified so we can discuss this with you and the court.  If you have questions about what to do, you should contact the Assigned Counsel Unit as soon as possible.
If the client still needs representation and remains indigent, the court will likely appoint new counsel to represent your client.

If I get an assigned counsel contract, how do I bill and get paid?

When you first get a contract with OCPD the Assigned Counsel Unit will explain how and when to bill us and sets you up in our systems.  We are always available to answer questions thereafter, too.
When you submit billing, we review it and if anything needs attention, we discuss that with you. Once everything is in the correct form, it is passed to the OCPD financial unit for you to be paid.
The Core system that pays assigned counsel does so only through direct deposit.

What if I get a new job or something happens where I must give up my contract?

You should review your OCPD contract language at this time, but also reach out to the Assigned Counsel Unit so we can advise and assist where we can, to make any changes as easy as possible for you, and help the clients have smooth transitions to new counsel.