The public defender in each judicial district shall have the following duties:(1)(A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all:(i) Felony, misdemeanor, juvenile, guardianship, and mental health cases;(ii) Traffic cases punishable by incarceration; and(iii) Contempt proceedings punishable by incarceration.(B) Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and(2)(A) In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought.(B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with § 16-87-205.(C) It should be presumed for purposes of this section that the death penalty will be sought.Acts 1997, No. 788, § 16; 1997, No. 1341, § 16; 2001, No. 1799, § 11.
Arkansas Legal Code