INDIGENCY

indigency,n. The state or condition of a person who lacks the means of subsistence; extreme hardship or neediness; poverty. • For purposes of the Sixth Amendment right to appointed counsel, indigency refers to a defendant’s inability to afford an attorney. — Also termed indigence. — indigent,adj. & n.

“Supreme Court opinions speak generally of the rights of an ‘indigent defendant’ without offering any specific definition of ‘indigency.’ … The appellate courts agree that indigency is not a synonym for ‘destitute.’ … Among the factors to be considered in evaluating the individual’s

financial capacity are: (1) income from employment and such governmental programs as social security and unemployment compensation; (2) real and personal property; (3) number of dependents; (4) outstanding debts; (5) seriousness of the charge (which suggests the likely fee of a retained attorney); and (6) other legal expenses (such as bail bond).” Wayne R. LaFave & Jerold H.

Israel, Criminal Procedure § 11.3(g), at 544 (2d ed. 1992).

[Blacks Law 8th]