Criminal Indigent Status
Applicants may apply for the appointment of a public defender or for indigent status for costs. The applicant is notified in writing of the approval or denial of his or her application. The provision of a public defender and/or costs/due process services are not free.
A judgment and lien may be imposed against all real or personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50 fee for each application filed. The statute requires payment of the $50 to the Clerk of the Circuit Court within seven days. If the fee is not paid within seven days, it will be assessed against you at the conclusion of the case.
If applying for a determination of "indigent for costs," the applicant must file a written motion the court to be submitted along with the application for judicial review.
Civil Indigent Status
In a civil proceeding, if a person is determined to be indigent, the filing and the summons issuance fees are waived, though other costs are not. If there are other costs, the person can enroll in a payment plan and pay a one-time administrative processing fee of $25 and pay up to 2% of his or her annual net income. A person declared to be indigent in a dependency or delinquency proceeding must pay a $50 application fee for the appointment of counsel.
There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property, or real property or the expectancy of interest in any such property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.