29 Del. C. § 4602: Appointment; representation of defendants.

(a) The Office of Defense Services shall be headed by the Chief Defender. The Chief Defender shall be a qualified attorney licensed to practice in this State selected by the Governor. The Office of Defense Services shall represent, without charge, each indigent person who is under arrest or charged with a crime, under any of the following circumstances:

(1) The defendant requests it.

(2) The court, on its own motion or otherwise, so orders and the defendant does not affirmatively reject on the record the opportunity to be so represented.

(b) The determination of indigency shall be made by the Office of Defense Services. The representation will be without charge to the indigent person.

(c) Any person under the age of 18 arrested or charged with a crime or act of delinquency shall be automatically eligible for representation by the Office of Defense Services.