45 CFR Part 1613 — Restrictions on Legal Assistance with Respect to Criminal Proceedings

PART 1613—RESTRICTIONS ON LEGAL ASSISTANCE WITH RESPECT TO CRIMINAL PROCEEDINGS Authority: Sec. 234(d), Public Law 111-211, 124. Stat. 2282; 42 U.S.C. 2996f(b)(2); 42 U.S.C. 2996g(e). Source: 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 [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]

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