HF 3135

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 03:30pm

A bill for an act
relating to judiciary; establishing the State Board of Appellate Counsel for Parents;
establishing a head appellate counsel and a program administrator; providing for
attorneys to serve as counsel; permitting counties to utilize the services of the State
Board of Appellate Counsel for Parents to provide appellate counsel for parents
of certain juveniles; proposing coding for new law in Minnesota Statutes, chapter
260C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [260C.419] STATE BOARD OF APPELLATE COUNSEL FOR PARENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Structure; membership. new text end

new text begin (a) The State Board of Appellate Counsel for
Parents is established in the judicial branch. The board is not subject to the administrative
control of the judiciary. The board shall consist of seven members, including:
new text end

new text begin (1) four public members appointed by the governor; and
new text end

new text begin (2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
new text end

new text begin (b) The appointing authorities may not appoint any of the following to be a member of
the State Board of Appellate Counsel for Parents:
new text end

new text begin (1) a person who is a judge;
new text end

new text begin (2) a person who is a registered lobbyist;
new text end

new text begin (3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
new text end

new text begin (4) a person who serves as counsel for children in juvenile court;
new text end

new text begin (5) a person under contract with or employed by the Department of Human Services or
a county department of human or social services; or
new text end

new text begin (6) a current city or county attorney or assistant city or county attorney.
new text end

new text begin (c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation. No more than five members of the board may belong to the
same political party. At least three members of the board shall be from judicial districts
other than the First, Second, Fourth, and Tenth Judicial Districts. To the extent practicable,
the membership of the board must include persons with disabilities, reflect the ethnic diversity
of the state, take into consideration race and gender, and include persons from throughout
the state. The members shall be well acquainted with representing parents in appellate
proceedings related to child protection matters as well as the laws that affect a parent
appellate attorney's work, including chapter 260C, the Minnesota Rules of Juvenile Protection
Procedure, the Minnesota Rules of Civil Appellate Procedure, the Indian Child Welfare
Act, and the Minnesota Indian Family Preservation Act. The terms, compensation, and
removal of members shall be as provided in section 15.0575. The members shall elect the
chair from among the membership for a term of two years.
new text end

new text begin Subd. 2. new text end

new text begin Head appellate counsel for parents; assistant and contracted attorneys. new text end

new text begin (a)
Beginning January 1, ....., and for every four years after that date, the State Board of Appellate
Counsel for Parents shall appoint a head appellate counsel in charge of appellate services,
who shall provide for sufficient appellate counsel for parents and other personnel necessary
to discharge the functions of the office. The head appellate counsel shall serve a four-year
term and may be removed only for cause upon the order of the State Board of Appellate
Counsel for Parents. The head appellate counsel shall be a full-time qualified attorney,
licensed to practice law in this state, and serve in the unclassified service of the state.
Vacancies of the office shall be filled by the appointing authority for the unexpired term.
The head appellate counsel shall devote full time to the performance of duties and shall not
engage in the general practice of law. The compensation of the head appellate counsel shall
be set by the State Board of Appellate Counsel for Parents and shall be commensurate with
county attorneys in the state.
new text end

new text begin (b) Consistent with the decisions of the State Board of Appellate Counsel for Parents,
the head appellate counsel shall employ assistants or hire independent contractors to serve
as appellate counsel for parents. Each assistant appellate counsel and independent contractor
serves at the pleasure of the head appellate counsel. The compensation of assistant appellate
counsel and independent contractors shall be set by the State Board of Appellate Counsel
for Parents and shall be commensurate with county attorneys in the state.
new text end

new text begin (c) A person serving as appellate counsel shall be a qualified attorney licensed to practice
law in this state. A person serving as appellate counsel practicing in Tribal court shall be a
licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate
counsel and contracted appellate counsel may engage in the general practice of law where
not employed or contracted to provide services on a full-time basis.
new text end

new text begin Subd. 3. new text end

new text begin Program administrator. new text end

new text begin The State Board of Appellate Counsel for Parents
shall appoint a program administrator who must be chosen solely on the basis of training,
experience, and other qualifications and who serves at the pleasure of the board. The program
administrator need not be licensed to practice law. The program administrator shall attend
all meetings of the board, but may not vote, and shall:
new text end

new text begin (1) enforce all resolutions, standards, rules, regulations, policies, and orders of the board;
new text end

new text begin (2) present to the board and the head appellate counsel plans, studies, and reports prepared
for the board's and the head appellate counsel's purposes and recommend to the board and
the head appellate counsel for adoption measures necessary to enforce or carry out the
powers and duties of the board and the head appellate counsel or to efficiently administer
the affairs of the board and the head appellate counsel;
new text end

new text begin (3) keep the board fully advised as to the boards's financial condition and prepare and
submit to the board the annual appellate counsel for parents program and the State Board
of Appellate Counsel for Parents budget and other financial information as requested by
the board;
new text end

new text begin (4) recommend to the board the adoption of rules and regulations necessary for the
efficient operation of the board and the state appellate counsel for parents program;
new text end

new text begin (5) work cooperatively and collaboratively with sovereign Tribal Nations in the state;
and
new text end

new text begin (6) perform other duties prescribed by the board.
new text end

new text begin Subd. 4. new text end

new text begin Duties and responsibilities. new text end

new text begin (a) The State Board of Appellate Counsel for
Parents shall create and administer a statewide, independent appellate counsel program to
represent indigent parents who are eligible for the appointment of counsel under section
260C.163, subdivision 3, on appeal in juvenile protection matters.
new text end

new text begin (b) The board shall approve and recommend to the legislature a budget for the board
and the appellate counsel for parents program.
new text end

new text begin (c) The board shall establish procedures for distribution of funding under this section to
the appellate program.
new text end

new text begin (d) The head appellate counsel with the approval of the board shall establish appellate
program standards, administrative policies, procedures, and rules consistent with statute,
rules of court, and laws that affect appellate counsel's work. The standards must include,
but are not limited to:
new text end

new text begin (1) standards needed to maintain and operate an appellate counsel for parents program
including requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
new text end

new text begin (2) standards for appellate counsel caseloads;
new text end

new text begin (3) standards and procedures for the eligibility of appointment, assessment, and collection
of the costs for legal representation provided by appellate counsel;
new text end

new text begin (4) standards for contracts between contracted appellate counsel and the state appellate
counsel program for the legal representation of indigent persons;
new text end

new text begin (5) standards prescribing minimum qualifications of counsel appointed under the board's
authority or by the courts; and
new text end

new text begin (6) standards ensuring the independent, competent, and efficient representation of clients
whose cases present conflicts of interest.
new text end

new text begin (e) The board may:
new text end

new text begin (1) propose statutory changes to the legislature and rule changes to the supreme court
that are in the best interests of the operation of the appellate counsel for parents program;
and
new text end

new text begin (2) require the reporting of statistical data, budget information, and other cost factors
by the appellate counsel for parents program.
new text end

new text begin Subd. 5. new text end

new text begin Limitation. new text end

new text begin In no event shall the board or its members interfere with the
discretion, judgment, or zealous advocacy of counsel in their handling of individual cases
as a part of the judicial branch of government.
new text end

new text begin Subd. 6. new text end

new text begin Budget; county opt-in. new text end

new text begin The establishment of the office and its employees and
support staff and the board shall be funded by the state of Minnesota. Minnesota counties
may individually choose to utilize this office to provide appellate representation to indigent
parents in their county who are seeking an appeal.
new text end

new text begin Subd. 7. new text end

new text begin Collection of costs; appropriation. new text end

new text begin If any of the costs provided by appellate
counsel are assessed and collected or otherwise reimbursed from any source, payments shall
be transferred to the commissioner of management and budget for deposit in the special
revenue fund and credited to a separate account for the State Board of Appellate Counsel
for Parents. The amount credited to this account is appropriated to the State Board of
Appellate Counsel for Parents. The balance of this account does not cancel but is available
until expended.
new text end