1. (a) Unless otherwise ordered by the presiding judge, a defendant shall be ineligible for state payment of defense services and expenses on the basis of the defendant's ability to borrow funds, as further set forth in (b) below.

2. (b) Unless otherwise ordered by the presiding judge, the defendant shall be deemed able to borrow funds if the net value of the defendant's real estate exceeds the value for the most serious crime or delinquency charged, as set forth in table 1004.1.

   Table 1004.1

   Crime or Delinquency With Which the Defendant is Charged

   Net Value of Defendant's Real Estate

   Homicide

   $40,000

   Supreme Court appeal

   $20,000

   Aggravated felonious sexual assault; felonious sexual assault; first degree assault

   $20,000

   Negligent homicide

   $20,000

   Felony

   $20,000

   Misdemeanor appeal

   $20,000

   Misdemeanor, jury trial

   $10,000

   Misdemeanor

   $10,000

   Juvenile

   $10,000

   Other

   $10,000

3. (c) Unless otherwise ordered by the presiding judge, a defendant shall be ineligible for state payment of defense services and expenses if the funds available to the defendant exceed the value permitted for the most serious crime or delinquency charged, as set forth in table 1004.2.

   Table 1004.2

   Crime or Delinquency With Which the Defendant is Charged

   Funds Available to Defendant

   Homicide

   $10,000 or more

   Supreme Court appeal

   $4,000 or more

   Aggravated felonious sexual assault; felonious sexual assault; first degree assault

   $4,000 or more

   Negligent homicide

   $4,000 or more

   Felony

   $4,000 or more

   Misdemeanor appeal

   $4,000 or more

   Misdemeanor, jury trial

   $1,500 or more

   Misdemeanor

   $1,500 or more

   Juvenile

   $2,000 or more

   Other

   $2,000 or more

Source. (See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06; ss by #10728, eff 11-25-14; ss by #13050, eff 7-1-20