                                 CODE OF VIRGINIA

APPOINTMENT OF COUNSEL IN CLASS 1 FELONY CASES OR CASES INVOLVING A FELONY
PUNISHABLE BY A MANDATORY MINIMUM TERM OF CONFINEMENT FOR LIFE (§ 19.2-160.1)

A. In any case in which an indigent defendant is charged with a Class 1 felony
or any felony punishable by a mandatory minimum term of confinement for life in
a jurisdiction in which a public defender office is established, the court
shall, upon request for the appointment of counsel and in the absence of a
conflict, appoint such public defender office to represent the defendant. Upon
motion of the attorney from a public defender office, the judge of the circuit
court shall appoint a competent, qualified, and experienced attorney from the
list maintained by the Indigent Defense Commission pursuant to &#xA7;
19.2-163.01 to serve as co-counsel.
			If the public defender notifies the court of a conflict and withdraws from
representation, and the court had appointed one additional counsel to assist the
public defender&#8217;s office, then upon the withdrawal of the public
defender&#8217;s office the court shall appoint one additional competent,
qualified, and experienced attorney from the list maintained by the Indigent
Defense Commission pursuant to &#xA7; 19.2-163.01 to serve as co-counsel for the
defendant.

B. In any case in which an indigent defendant is charged with a Class 1 felony
or any felony punishable by a mandatory minimum term of confinement for life in
a jurisdiction in which there is no public defender, upon request for the
appointment of counsel, the court shall appoint two competent, qualified, and
experienced attorneys from the list maintained by the Indigent Defense
Commission pursuant to &#xA7; 19.2-163.01 to serve as co-counsels for the
defendant.

HISTORY: 2023, c. 228; 2025, c. 170.