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State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Wyoming Wyo. Stat. Ann. § 7-11-506 Trial transcript for indigent prisoner upon appeal

Any person sentenced to imprisonment in a state penal institution, who appeals to the supreme court, may file, in the court in which that person was convicted, a petition requesting

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that the person be furnished with a stenographic transcript of the proceedings at that person's trial. The petition shall be verified by the petitioner and shall state facts showing that at the time of conviction and at the time of filing the petition that person was without financial means to pay for the transcript. If the judge who imposed sentence, or any other judge of the court, finds that the defendant is without financial means with which to obtain the transcript of the proceedings at trial, the judge shall order the reporter to transcribe an original and copy of the reporter's notes. The original of the transcript shall be filed with the clerk and the copy shall be delivered to the defendant without charge. The reporter's fees for preparation of the transcript shall be the same as those prescribed in W.S. 5 3 410, and shall be paid by the county in which the conviction is had.

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Without financial means with which to obtain the transcript

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Copy of original transcript delivered to the defendant without charge

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Wyoming Wyo. R. Crim. P. 44(b),(d) Right to Assignment of Counsel

(b) Procedure. The procedures for implementing the right set out in subdivision (a) shall be those provided by W.S. 7-6-101 et seq. and by these rules. The appointment of counsel

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for delinquency cases is governed by W.S. 14-6-222 and, fees, costs and expenses for delinquency cases are governed by W.S. 14-6-235.
(1) The determination of a defendant's eligibility for appointed counsel is a judicial function. An attorney should be appointed at the earliest time after a defendant makes a request, but only after appropriate inquiry into the defendant's financial circumstances and a determination of eligibility.
(2) A defendant requesting appointed counsel must submit a financial affidavit or provide sworn testimony on the record detailing income, expenses, assets and liabilities and may be required to update the affidavit or testimony from time to time.
(3) The judicial officer shall advise any defendant who has requested appointed counsel that, to the extent of ability to do so, the defendant will be required to contribute to the cost of representation. At the time counsel is appointed, the judicial officer shall determine the defendant's ability to make monthly or other periodic payments and require the defendant to make such payments to the clerk of the court as a condition of the appointment.
(4) If at any time after appointment it appears to a judicial officer that a defendant is financially able to make payment, in whole or in part, for legal services, the judicial officer shall require such payments or terminate the appointment.
(5) A separate order of appointment shall be entered as part of the record by the court for each defendant.
(6) After a hearing, a judicial officer may permit a defendant to withdraw a request for appointed counsel.
(7) If appointed counsel obtains information that a client is financially able to make payment in whole or in part for legal services in connection with his or her representation and the source of the attorney's information is not protected as a privileged communication, counsel shall advise the court and ask that the person be required to contribute to the cost of representation or that the appointment be terminated.
(8) Appointed counsel shall represent the defendant at every stage from initial appearance through appeal; however, the appellate section of the public defender's office may be substituted for trial counsel to handle an appeal.


(d) Rules establishing standard of indigency. Rule 44(d) is adopted as required by W.S. 7-6-103(c). A person is entitled to the appointment of counsel if, at the time counsel is needed, the person is unable to provide for the full payment of an attorney and all other necessary expenses of representation. In making a determination of eligibility, the judicial officer shall consider:
(1) The probable cost of representation given the number and severity of the offenses charged and the factual and legal complexity of the case.
(2) The defendant's income from all sources and the defendant's capacity to earn income.
(3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses.
(4) The defendant's responsibility for the support of others.
(5) The defendant's assets whether held individually or with others.
(6) The defendant's debts and the periodic payments due on the debts.
(7) The defendant's capacity to borrow money.
Uncertainty as to a defendant's eligibility for appointed counsel should be resolved in the defendant's favor. An erroneous determination of eligibility may be corrected at any time.

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Indigency - A person is entitled to the appointment of counsel if, at the time counsel is needed, the person is unable to provide for the full payment of an

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attorney and all other necessary expenses of representation. In making a determination of eligibility, the judicial officer shall consider:
(1) The probable cost of representation given the number and severity of the offenses charged and the factual and legal complexity of the case.
(2) The defendant's income from all sources and the defendant's capacity to earn income.
(3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses.
(4) The defendant's responsibility for the support of others.
(5) The defendant's assets whether held individually or with others.
(6) The defendant's debts and the periodic payments due on the debts.
(7) The defendant's capacity to borrow money.

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

Counsel appointed