Any public officer or employee, in a criminal or civil action against the person arising from state employment, shall be entitled to petition the court for a court-appointed attorney to represent the person's interests in the matter. If the judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the judge may require, determines that the petition has merit, the judge shall appoint an attorney to represent the interests of such public officer or employee. The court-appointed attorney shall represent such person at all stages, trial and appellate, until the final determination of the matter, unless the attorney is earlier released by such person or by the court. The court may first appoint an attorney from the Department of Justice. If the court determines that the Department is unable to represent such public officer or employee, the court may appoint an attorney from the Office of Defense Services in criminal actions only, and in civil actions may appoint an attorney licensed in this State. This section shall also apply to all federal courts within this State.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 39. PLEADING AND PRACTICE
§ 3901. Affidavits of defense; judgments by default on written instruments; opening judgments.
§ 3902. Assignee suing in own name.
§ 3903. Bail bonds, recognizances, peace bonds or appearance bonds; actions on.
§ 3904. Suits and judgments by and against unincorporated associations.
§ 3905. Action for detention of goods and chattels.
§ 3906. Action to recover goods seized by execution or attachment.
§ 3907. Demand in actions to recover goods and chattels; necessity for proof.
§ 3908. Judgments by confession; warrant of attorney.
§ 3910. Disclaimer of interest by defendant; interpleader.
§ 3911. Recognizance of plaintiff upon interpleader.
§ 3912. Counsel fees; recovering in actions on written instruments.
§ 3913. Counterclaim in suits by or against executors or administrators.
§ 3915. Proof of incorporation or corporate existence.
§ 3916. Proof of agency in operation of motor vehicle.
§ 3917. Proof of signatures in actions or written instruments.
§ 3918. Recognizance of applicant for certiorari to justice of the peace.
§ 3919. Defense in civil libel actions.
§ 3920. Actions for price of newspapers or magazines received by mail; necessity for express order.
§ 3921. Presumption of proper administration of oath.
§ 3922. Destruction of property by minors; recovery of damages from parents.
§ 3923. Prosecution and defense of actions by persons of the age of 18 years or older.
§ 3925. Public officers and employees.
§ 3926. Production of records, jurisdiction.
§ 3926A. Production of reproductive health services records.
§ 3927. Unsworn declarations under penalty of perjury.
§ 3928. Limitations and protections against actions relating to the termination of pregnancy.
§ 3929. Recouperation of out-of-state judgments related to reproductive health services.
§ 3930. Civil action for public nuisance by firearm industry member.