The federal and state constitutions provide that an accused person has the right to be represented by counsel in criminal prosecutions. This constitutional right has been interpreted to mean that counsel will be provided at state expense for indigent persons in all cases in which actual incarceration is a likely penalty.
The Office of the Alternate Defense Counsel (OADC) was established pursuant to §21-2-101, C.R.S. (Senate Bill 96-205). The OADC is funded to provide representation for indigent persons in criminal and juvenile delinquency cases in which the Public Defender’s office determines that an ethical conflict of interest exists.