{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-159.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-159.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-159.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-159.html"}],"law_id":57328,"edition_id":1,"section_id":57328,"structure_id":15038,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","history":"Code 1950, \u00a7 19.1-241.3; 1964, c. 657; 1966, c. 460; 1975, c. 495; 1976, c. 553; 1978, c. 720; 1984, c. 709; 2004, cc. 884, 921; 2006, cc. 680, 708; 2008, cc. 122, 154; 2021, Sp. Sess. I, cc. 344, 345; 2024, c. 524.","full_text":"A\n\nIf the accused shall claim that he is indigent, and the charge against him is a criminal offense that may be punishable by confinement in the state correctional facility or jail, subject to the provisions of § 19.2-160, the court shall determine from oral examination of the accused or other competent evidence whether or not the accused is indigent within the contemplation of law pursuant to the guidelines set forth in this section.B\n\nIn making its finding, the court shall determine whether or not the accused is a current recipient of a state or federally funded public assistance program for the indigent. If the accused is a current recipient of such a program and does not waive his right to counsel or retain counsel on his own behalf, he shall be presumed eligible for the appointment of counsel. This presumption shall be rebuttable where the court finds that a more thorough examination of the financial resources of the defendant is necessary. If the accused shall claim to be indigent and is not presumptively eligible under the provisions of this section, then a thorough examination of the financial resources of the accused shall be made with consideration given to the following:1\n\nThe net income of the accused, which shall include his total salary and wages minus deductions required by law. The court also shall take into account income and amenities from other sources including but not limited to social security funds, union funds, veteran’s benefits, other regular support from an absent family member, public or private employee pensions, dividends, interests, rents, estates, trusts, or gifts.2\n\nAll assets of the accused which are convertible into cash within a reasonable period of time without causing substantial hardship or jeopardizing the ability of the accused to maintain home and employment. Assets shall include all cash on hand as well as in checking and savings accounts, stocks, bonds, certificates of deposit, and tax refunds. All personal property owned by the accused which is readily convertible into cash shall be considered, except property exempt from attachment. Any real estate owned by the accused shall be considered in terms of the amounts which could be raised by a loan on the property. For purposes of eligibility determination, the income, assets, and expenses of the spouse, if any, who is a member of the accused’s household, shall be considered, unless the spouse was the victim of the offense or offenses allegedly committed by the accused.3\n\nAny exceptional expenses of the accused and his family which would, in all probability, prohibit him from being able to secure private counsel. Such items shall include but not be limited to costs for medical care, family support obligations, and child care payments.\n\t\t\t\tThe available funds of the accused shall be calculated as the sum of his total income and assets less the exceptional expenses as provided in the first paragraph of this subdivision 3. If the accused does not waive his right to counsel or retain counsel on his own behalf, counsel shall be appointed for the accused if his available funds are equal to or below 125 percent of the federal poverty income guidelines prescribed for the size of the household of the accused by the federal Department of Health and Human Services. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.\n\t\t\t\tIf the available funds of the accused exceed 125 percent of the federal poverty income guidelines and the accused fails to employ counsel and does not waive his right to counsel, the court may, in exceptional circumstances, and where the ends of justice so require, appoint an attorney to represent the accused. However, in making such appointments, the court shall state in writing its reasons for so doing. The written statement by the court shall be included in the permanent record of the case.C\n\nIf the court determines that the accused is indigent as contemplated by law pursuant to the guidelines set forth in this section, the court shall provide the accused with a statement which shall contain the following:\n\t\t\t“I have been advised this ________ day of __________, 20____, by the (name of court) court of my right to representation by counsel in the trial of the charge pending against me; I certify that I am without means to employ counsel and I hereby request the court to appoint counsel for me.”\n\t\t\t_____________________ (signature of accused)\n\t\t\tThe court shall also require the accused to complete a written financial statement to support the claim of indigency and to permit the court to determine whether or not the accused is indigent within the contemplation of law. The accused shall execute the said statements under oath, and the said court shall appoint competent counsel to represent the accused in the proceeding against him, including an appeal, if any, until relieved or replaced by other counsel.\n\t\t\tThe executed statements by the accused and the order of appointment of counsel shall be filed with and become a part of the record of such proceeding.\n\t\t\tAll other instances in which the appointment of counsel is required for an indigent shall be made in accordance with the guidelines prescribed in this section.D\n\nExcept in jurisdictions having a public defender, or unless (i) the public defender is unable to represent the defendant by reason of conflict of interest; (ii) the court finds that appointment of other counsel is necessary to attain the ends of justice; or (iii) the public defender, with the concurrence of the executive director of the Virginia Indigent Defense Commission or his designee, determines that the current active caseload would preclude the public defender from providing adequate representation to new clients, counsel appointed by the court for representation of the accused shall be selected by a fair system of rotation among members of the bar practicing before the court whose names are on the list maintained by the Virginia Indigent Defense Commission pursuant to § 19.2-163.01. If no attorney who is on the list maintained by the Virginia Indigent Defense Commission is reasonably available, the court may appoint as counsel an attorney not on the list who has otherwise demonstrated to the court’s satisfaction an appropriate level of training and experience. The court shall provide notice to the Commission of the appointment of the attorney.","order_by":null,"text":{"0":{"id":209975,"text":"If the accused shall claim that he is indigent, and the charge against him is a criminal offense that may be punishable by confinement in the state correctional facility or jail, subject to the provisions of § 19.2-160, the court shall determine from oral examination of the accused or other competent evidence whether or not the accused is indigent within the contemplation of law pursuant to the guidelines set forth in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209976,"text":"In making its finding, the court shall determine whether or not the accused is a current recipient of a state or federally funded public assistance program for the indigent. If the accused is a current recipient of such a program and does not waive his right to counsel or retain counsel on his own behalf, he shall be presumed eligible for the appointment of counsel. This presumption shall be rebuttable where the court finds that a more thorough examination of the financial resources of the defendant is necessary. If the accused shall claim to be indigent and is not presumptively eligible under the provisions of this section, then a thorough examination of the financial resources of the accused shall be made with consideration given to the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":209977,"text":"The net income of the accused, which shall include his total salary and wages minus deductions required by law. The court also shall take into account income and amenities from other sources including but not limited to social security funds, union funds, veteran’s benefits, other regular support from an absent family member, public or private employee pensions, dividends, interests, rents, estates, trusts, or gifts.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":209978,"text":"All assets of the accused which are convertible into cash within a reasonable period of time without causing substantial hardship or jeopardizing the ability of the accused to maintain home and employment. Assets shall include all cash on hand as well as in checking and savings accounts, stocks, bonds, certificates of deposit, and tax refunds. All personal property owned by the accused which is readily convertible into cash shall be considered, except property exempt from attachment. Any real estate owned by the accused shall be considered in terms of the amounts which could be raised by a loan on the property. For purposes of eligibility determination, the income, assets, and expenses of the spouse, if any, who is a member of the accused’s household, shall be considered, unless the spouse was the victim of the offense or offenses allegedly committed by the accused.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":209979,"text":"Any exceptional expenses of the accused and his family which would, in all probability, prohibit him from being able to secure private counsel. Such items shall include but not be limited to costs for medical care, family support obligations, and child care payments.\n\t\t\t\tThe available funds of the accused shall be calculated as the sum of his total income and assets less the exceptional expenses as provided in the first paragraph of this subdivision 3. If the accused does not waive his right to counsel or retain counsel on his own behalf, counsel shall be appointed for the accused if his available funds are equal to or below 125 percent of the federal poverty income guidelines prescribed for the size of the household of the accused by the federal Department of Health and Human Services. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.\n\t\t\t\tIf the available funds of the accused exceed 125 percent of the federal poverty income guidelines and the accused fails to employ counsel and does not waive his right to counsel, the court may, in exceptional circumstances, and where the ends of justice so require, appoint an attorney to represent the accused. However, in making such appointments, the court shall state in writing its reasons for so doing. The written statement by the court shall be included in the permanent record of the case.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":209980,"text":"If the court determines that the accused is indigent as contemplated by law pursuant to the guidelines set forth in this section, the court shall provide the accused with a statement which shall contain the following:\n\t\t\t“I have been advised this ________ day of __________, 20____, by the (name of court) court of my right to representation by counsel in the trial of the charge pending against me; I certify that I am without means to employ counsel and I hereby request the court to appoint counsel for me.”\n\t\t\t_____________________ (signature of accused)\n\t\t\tThe court shall also require the accused to complete a written financial statement to support the claim of indigency and to permit the court to determine whether or not the accused is indigent within the contemplation of law. The accused shall execute the said statements under oath, and the said court shall appoint competent counsel to represent the accused in the proceeding against him, including an appeal, if any, until relieved or replaced by other counsel.\n\t\t\tThe executed statements by the accused and the order of appointment of counsel shall be filed with and become a part of the record of such proceeding.\n\t\t\tAll other instances in which the appointment of counsel is required for an indigent shall be made in accordance with the guidelines prescribed in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":209981,"text":"Except in jurisdictions having a public defender, or unless (i) the public defender is unable to represent the defendant by reason of conflict of interest; (ii) the court finds that appointment of other counsel is necessary to attain the ends of justice; or (iii) the public defender, with the concurrence of the executive director of the Virginia Indigent Defense Commission or his designee, determines that the current active caseload would preclude the public defender from providing adequate representation to new clients, counsel appointed by the court for representation of the accused shall be selected by a fair system of rotation among members of the bar practicing before the court whose names are on the list maintained by the Virginia Indigent Defense Commission pursuant to § 19.2-163.01. If no attorney who is on the list maintained by the Virginia Indigent Defense Commission is reasonably available, the court may appoint as counsel an attorney not on the list who has otherwise demonstrated to the court’s satisfaction an appropriate level of training and experience. The court shall provide notice to the Commission of the appointment of the attorney.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15038,"edition_id":1,"name":"Appointment of Attorney for Accused","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168341,"object_type":"structure","relational_id":15038,"identifier":"3","token":"19.2\/10\/3","url":"\/19.2\/10\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68516,"structure_id":15038,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","url":"\/19.2-157\/","token":"19.2\/10\/3\/19.2-157","metadata":false},{"id":78329,"structure_id":15038,"section_number":"19.2-158","catch_line":"When person not free on bail shall be informed of right to counsel and amount of bail","url":"\/19.2-158\/","token":"19.2\/10\/3\/19.2-158","metadata":false},{"id":57328,"structure_id":15038,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","url":"\/19.2-159\/","token":"19.2\/10\/3\/19.2-159","metadata":false},{"id":59760,"structure_id":15038,"section_number":"19.2-159.1","catch_line":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","url":"\/19.2-159.1\/","token":"19.2\/10\/3\/19.2-159.1","metadata":false},{"id":66760,"structure_id":15038,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","url":"\/19.2-160\/","token":"19.2\/10\/3\/19.2-160","metadata":false},{"id":69984,"structure_id":15038,"section_number":"19.2-160.1","catch_line":"Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life","url":"\/19.2-160.1\/","token":"19.2\/10\/3\/19.2-160.1","metadata":false},{"id":76242,"structure_id":15038,"section_number":"19.2-161","catch_line":"Penalty for false swearing with regard to statement of indigence","url":"\/19.2-161\/","token":"19.2\/10\/3\/19.2-161","metadata":false},{"id":61067,"structure_id":15038,"section_number":"19.2-162","catch_line":"Continuances to be granted if necessary","url":"\/19.2-162\/","token":"19.2\/10\/3\/19.2-162","metadata":false},{"id":80860,"structure_id":15038,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","url":"\/19.2-163\/","token":"19.2\/10\/3\/19.2-163","metadata":false}],"previous_section":{"id":78329,"structure_id":15038,"section_number":"19.2-158","catch_line":"When person not free on bail shall be informed of right to counsel and amount of bail","url":"\/19.2-158\/","token":"19.2\/10\/3\/19.2-158","metadata":false},"next_section":{"id":59760,"structure_id":15038,"section_number":"19.2-159.1","catch_line":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","url":"\/19.2-159.1\/","token":"19.2\/10\/3\/19.2-159.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-159\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 657; in 1966, chapter 460; in 1975, chapter 495; in 1976, chapter 553; in 1978, chapter 720; in 1984, chapter 709; in 2004, chapters 884<\/a> and 921<\/a>; in 2006, chapters 680<\/a> and 708<\/a>; in 2008, chapters 122<\/a> and 154<\/a>; in 2024, chapter 524<\/a>.<\/p>","references":[{"id":55864,"section_number":"16.1-107","catch_line":"Requirements for appeal","order_by":null,"url":"\/16.1-107\/"},{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":72205,"section_number":"16.1-267","catch_line":"Compensation of appointed counsel","order_by":null,"url":"\/16.1-267\/"},{"id":67866,"section_number":"17.1-258.3","catch_line":"Electronic filing in civil or criminal proceedings","order_by":null,"url":"\/17.1-258.3\/"},{"id":68516,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","order_by":null,"url":"\/19.2-157\/"},{"id":78329,"section_number":"19.2-158","catch_line":"When person not free on bail shall be informed of right to counsel and amount of bail","order_by":null,"url":"\/19.2-158\/"},{"id":59760,"section_number":"19.2-159.1","catch_line":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","order_by":null,"url":"\/19.2-159.1\/"},{"id":66760,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","order_by":null,"url":"\/19.2-160\/"},{"id":76242,"section_number":"19.2-161","catch_line":"Penalty for false swearing with regard to statement of indigence","order_by":null,"url":"\/19.2-161\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"id":63945,"section_number":"19.2-163.01","catch_line":"Virginia Indigent Defense Commission established; powers and duties","order_by":null,"url":"\/19.2-163.01\/"},{"id":57544,"section_number":"19.2-163.03","catch_line":"Qualifications for court-appointed counsel","order_by":null,"url":"\/19.2-163.03\/"},{"id":60932,"section_number":"19.2-266.4","catch_line":"Expert assistance for indigent defendants","order_by":null,"url":"\/19.2-266.4\/"},{"id":55661,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","order_by":null,"url":"\/19.2-354.1\/"},{"id":70919,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","order_by":null,"url":"\/20-104\/"},{"id":57907,"section_number":"53.1-31.4","catch_line":"(Effective July 1, 2026) Government-issued identification; Department of Corrections-issued identification","order_by":null,"url":"\/53.1-31.4\/"},{"id":70065,"section_number":"63.2-1203","catch_line":"When consent is withheld or unobtainable","order_by":null,"url":"\/63.2-1203\/"},{"id":75048,"section_number":"64.2-2010","catch_line":"Eligibility for public guardian or conservator","order_by":null,"url":"\/64.2-2010\/"},{"id":81268,"section_number":"8.01-195.12","catch_line":"Conditions for continued compensation","order_by":null,"url":"\/8.01-195.12\/"}],"refers_to":[{"id":66760,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","order_by":null,"url":"\/19.2-160\/"},{"id":63945,"section_number":"19.2-163.01","catch_line":"Virginia Indigent Defense Commission established; powers and duties","order_by":null,"url":"\/19.2-163.01\/"}],"permalink":{"id":168351,"object_type":"law","relational_id":57328,"identifier":"19.2-159","token":"19.2\/10\/3\/19.2-159","url":"\/19.2-159\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-159\/","token":"19.2\/10\/3\/19.2-159","dublin_core":{"Title":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-159","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the accused<\/span> shall claim that he is indigent<\/span>, and the charge against him is a criminal offense<\/span> that may be punishable by confinement in the state correctional facility or jail, subject to the provisions of § 19.2-160<\/a>, the court<\/span> shall determine from oral examination of the accused<\/span> or other competent evidence<\/span> whether or not the accused<\/span> is indigent<\/span> within the contemplation of law<\/span> pursuant to the guidelines set forth in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In making its finding<\/span>, the court<\/span> shall determine whether or not the accused<\/span> is a current recipient of a state or federally funded public assistance program for the indigent<\/span>. If the accused<\/span> is a current recipient of such a program and does not waive<\/span> his right to counsel<\/span> or retain counsel<\/span> on his own behalf, he shall be presumed eligible for the appointment of counsel<\/span>. This presumption<\/span> shall be rebuttable where the court<\/span> finds that a more thorough examination of the financial resources of the defendant<\/span> is necessary. If the accused<\/span> shall claim to be indigent<\/span> and is not presumptively eligible under the provisions of this section, then a thorough examination of the financial resources of the accused<\/span> shall be made with consideration given to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The net income of the accused<\/span>, which shall include his total salary and wages minus deductions required by law<\/span>. The court<\/span> also shall take into account income and amenities from other sources including but not limited to social security funds, union funds, veteran’s benefits, other regular support from an absent family member, public or private employee pensions, dividends, interests, rents, estates, trusts, or gifts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All assets<\/span> of the accused<\/span> which are convertible into cash within a reasonable period of time without causing substantial hardship or jeopardizing the ability of the accused<\/span> to maintain home and employment. Assets<\/span> shall include all cash on hand as well as in checking and savings accounts, stocks, bonds<\/span>, certificates of deposit, and tax refunds. All personal property owned by the accused<\/span> which is readily convertible into cash shall be considered, except property exempt from attachment<\/span>. Any real estate owned by the accused<\/span> shall be considered in terms of the amounts which could be raised by a loan on the property. For purposes of eligibility determination, the income, assets<\/span>, and expenses of the spouse, if any, who is a member of the accused<\/span>’s household, shall be considered, unless the spouse was the victim of the offense<\/span> or offenses<\/span> allegedly committed by the accused<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any exceptional expenses of the accused<\/span> and his family which would, in all probability, prohibit him from being able to secure private counsel<\/span>. Such items shall include but not be limited to costs for medical care, family support obligations, and child care payments.\n\t\t\t\tThe available funds of the accused<\/span> shall be calculated as the sum of his total income and assets<\/span> less the exceptional expenses as provided in the first paragraph of this subdivision 3. If the accused<\/span> does not waive<\/span> his right to counsel<\/span> or retain counsel<\/span> on his own behalf, counsel<\/span> shall be appointed for the accused<\/span> if his available funds are equal to or below 125 percent of the federal poverty income guidelines prescribed for the size of the household of the accused<\/span> by the federal Department of Health and Human Services. The Supreme Court<\/span> of Virginia shall be responsible for distributing to all courts<\/span> the annual updates of the federal poverty income guidelines made by the Department.\n\t\t\t\tIf the available funds of the accused<\/span> exceed 125 percent of the federal poverty income guidelines and the accused<\/span> fails to employ counsel<\/span> and does not waive<\/span> his right to counsel<\/span>, the court<\/span> may, in exceptional circumstances, and where the ends of justice so require, appoint an attorney to represent the accused<\/span>. However, in making such appointments, the court<\/span> shall state in writing its reasons for so doing. The written statement by the court<\/span> shall be included in the permanent record of the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> determines that the accused<\/span> is indigent<\/span> as contemplated by law<\/span> pursuant to the guidelines set forth in this section, the court<\/span> shall provide the accused<\/span> with a statement which shall contain the following:\n\t\t\t“I have been advised this ________ day of __________, 20____, by the (name of court<\/span>) court<\/span> of my right to representation by counsel<\/span> in the trial<\/span> of the charge pending against me; I certify that I am without means to employ counsel<\/span> and I hereby request the court<\/span> to appoint counsel<\/span> for me.”\n\t\t\t_____________________ (signature of accused<\/span>)\n\t\t\tThe court<\/span> shall also require the accused<\/span> to complete a written financial statement to support the claim of indigency and to permit the court<\/span> to determine whether or not the accused<\/span> is indigent<\/span> within the contemplation of law<\/span>. The accused<\/span> shall execute the said statements under oath<\/span>, and the said court<\/span> shall appoint competent counsel<\/span> to represent the accused<\/span> in the proceeding against him, including an appeal<\/span>, if any, until relieved or replaced by other counsel<\/span>.\n\t\t\tThe executed statements by the accused<\/span> and the order<\/span> of appointment of counsel<\/span> shall be filed with and become a part of the record of such proceeding.\n\t\t\tAll other instances in which the appointment of counsel<\/span> is required for an indigent<\/span> shall be made in accordance with the guidelines prescribed in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except in jurisdictions<\/span> having a public defender<\/span>, or unless (i) the public defender<\/span> is unable to represent the defendant<\/span> by reason of conflict of interest<\/span>; (ii) the court<\/span> finds that appointment of other counsel<\/span> is necessary to attain the ends of justice; or (iii) the public defender<\/span>, with the concurrence of the executive director of the Virginia Indigent<\/span> Defense Commission or his designee, determines that the current active caseload<\/span> would preclude the public defender<\/span> from providing adequate representation to new clients, counsel<\/span> appointed by the court<\/span> for representation of the accused<\/span> shall be selected by a fair system of rotation among members of the bar practicing before the court<\/span> whose names are on the list maintained by the Virginia Indigent<\/span> Defense Commission pursuant to § 19.2-163.01<\/a>. If no attorney who is on the list maintained by the Virginia Indigent<\/span> Defense Commission is reasonably available, the court<\/span> may appoint as counsel<\/span> an attorney not on the list who has otherwise demonstrated to the court<\/span>’s satisfaction an appropriate level of training and experience. The court<\/span> shall provide notice to the Commission of the appointment of the attorney. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF INDIGENCY; GUIDELINES; STATEMENT OF INDIGENCE; APPOINTMENT OF\nCOUNSEL (\u00a7 19.2-159)\n\nA. If the accused shall claim that he is indigent, and the charge against him is\na criminal offense that may be punishable by confinement in the state\ncorrectional facility or jail, subject to the provisions of § 19.2-160, the\ncourt shall determine from oral examination of the accused or other competent\nevidence whether or not the accused is indigent within the contemplation of law\npursuant to the guidelines set forth in this section.\n\nB. In making its finding, the court shall determine whether or not the accused\nis a current recipient of a state or federally funded public assistance program\nfor the indigent. If the accused is a current recipient of such a program and\ndoes not waive his right to counsel or retain counsel on his own behalf, he\nshall be presumed eligible for the appointment of counsel. This presumption\nshall be rebuttable where the court finds that a more thorough examination of\nthe financial resources of the defendant is necessary. If the accused shall\nclaim to be indigent and is not presumptively eligible under the provisions of\nthis section, then a thorough examination of the financial resources of the\naccused shall be made with consideration given to the following:\n\n 1. The net income of the accused, which shall include his total salary and\n wages minus deductions required by law. The court also shall take into account\n income and amenities from other sources including but not limited to social\n security funds, union funds, veteran’s benefits, other regular support\n from an absent family member, public or private employee pensions, dividends,\n interests, rents, estates, trusts, or gifts.\n\n 2. All assets of the accused which are convertible into cash within a\n reasonable period of time without causing substantial hardship or jeopardizing\n the ability of the accused to maintain home and employment. Assets shall\n include all cash on hand as well as in checking and savings accounts, stocks,\n bonds, certificates of deposit, and tax refunds. All personal property owned\n by the accused which is readily convertible into cash shall be considered,\n except property exempt from attachment. Any real estate owned by the accused\n shall be considered in terms of the amounts which could be raised by a loan on\n the property. For purposes of eligibility determination, the income, assets,\n and expenses of the spouse, if any, who is a member of the accused’s\n household, shall be considered, unless the spouse was the victim of the\n offense or offenses allegedly committed by the accused.\n\n 3. Any exceptional expenses of the accused and his family which would, in all\n probability, prohibit him from being able to secure private counsel. Such\n items shall include but not be limited to costs for medical care, family\n support obligations, and child care payments.\n \t\t\t\tThe available funds of the accused shall be calculated as the sum of his\n total income and assets less the exceptional expenses as provided in the first\n paragraph of this subdivision 3. If the accused does not waive his right to\n counsel or retain counsel on his own behalf, counsel shall be appointed for\n the accused if his available funds are equal to or below 125 percent of the\n federal poverty income guidelines prescribed for the size of the household of\n the accused by the federal Department of Health and Human Services. The\n Supreme Court of Virginia shall be responsible for distributing to all courts\n the annual updates of the federal poverty income guidelines made by the\n Department.\n \t\t\t\tIf the available funds of the accused exceed 125 percent of the federal\n poverty income guidelines and the accused fails to employ counsel and does not\n waive his right to counsel, the court may, in exceptional circumstances, and\n where the ends of justice so require, appoint an attorney to represent the\n accused. However, in making such appointments, the court shall state in\n writing its reasons for so doing. The written statement by the court shall be\n included in the permanent record of the case.\n\nC. If the court determines that the accused is indigent as contemplated by law\npursuant to the guidelines set forth in this section, the court shall provide\nthe accused with a statement which shall contain the following:\n\t\t\t“I have been advised this ________ day of __________, 20____, by the\n(name of court) court of my right to representation by counsel in the trial of\nthe charge pending against me; I certify that I am without means to employ\ncounsel and I hereby request the court to appoint counsel for me.”\n\t\t\t_____________________ (signature of accused)\n\t\t\tThe court shall also require the accused to complete a written financial\nstatement to support the claim of indigency and to permit the court to determine\nwhether or not the accused is indigent within the contemplation of law. The\naccused shall execute the said statements under oath, and the said court shall\nappoint competent counsel to represent the accused in the proceeding against\nhim, including an appeal, if any, until relieved or replaced by other counsel.\n\t\t\tThe executed statements by the accused and the order of appointment of\ncounsel shall be filed with and become a part of the record of such proceeding.\n\t\t\tAll other instances in which the appointment of counsel is required for an\nindigent shall be made in accordance with the guidelines prescribed in this\nsection.\n\nD. Except in jurisdictions having a public defender, or unless (i) the public\ndefender is unable to represent the defendant by reason of conflict of interest;\n(ii) the court finds that appointment of other counsel is necessary to attain\nthe ends of justice; or (iii) the public defender, with the concurrence of the\nexecutive director of the Virginia Indigent Defense Commission or his designee,\ndetermines that the current active caseload would preclude the public defender\nfrom providing adequate representation to new clients, counsel appointed by the\ncourt for representation of the accused shall be selected by a fair system of\nrotation among members of the bar practicing before the court whose names are on\nthe list maintained by the Virginia Indigent Defense Commission pursuant to\n§ 19.2-163.01. If no attorney who is on the list maintained by the Virginia\nIndigent Defense Commission is reasonably available, the court may appoint as\ncounsel an attorney not on the list who has otherwise demonstrated to the\ncourt’s satisfaction an appropriate level of training and experience. The\ncourt shall provide notice to the Commission of the appointment of the attorney.\n\nHISTORY: Code 1950, \u00a7 19.1-241.3; 1964, c. 657; 1966, c. 460; 1975, c. 495;\n1976, c. 553; 1978, c. 720; 1984, c. 709; 2004, cc. 884, 921; 2006, cc. 680,\n708; 2008, cc. 122, 154; 2021, Sp. Sess. I, cc. 344, 345; 2024, c. 524.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}