At the hearing held for incarcerated defendants within 72 hours of incarceration, the Court shall make a preliminary determination of indigency. If there is a preliminary determination that the defendant is indigent, he is ordered to make appropriate application with the indigent defenders office. If the indigent defense office fails to concur in the preliminary determination of indigency, it shall traverse the appointment by motion with the Court.
If a defendant does not have a hearing under Subsection A when he/she appears for arraignment without counsel, the Court shall make a preliminary determination of indigence. The indigent defenders office shall immediately represent the defendant for arraignment purposes. The defendant shall be ordered to make appropriate application with the indigent defenders office which may traverse the preliminary determination of indigence.
If the Court makes a preliminary determination that the defendant is not indigent, it shall set a motion to determine counsel at which time the defendant shall have counsel. Nothing shall prohibit a defendant from making an application to the indigent defenders program despite a preliminary determination of non indigency. If a defendant does so and the indigent defender's office determines the defendant is indigent, it may file a motion to enroll which may be granted ex parts or set for hearing at the discretion of the Court.