HF 3876

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to higher education; authorizing a law school loan repayment program
for public defenders; appropriating money; amending Minnesota Statutes 2006,
section 611.215, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 611.

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

Section 1.

Minnesota Statutes 2006, section 611.215, subdivision 2, is amended to read:

Subd. 2.

Duties and responsibilities.

(a) The board shall approve and recommend
to the legislature a budget for the board, the office of state public defender, the judicial
district public defenders, and the public defense corporations.

(b) The board shall establish procedures for distribution of state funding under this
chapter to the state and district public defenders deleted text begin and deleted text end new text begin , new text end to the public defense corporations new text begin ,
and to the public defender law school loan repayment assistance program new text end .

(c) The state public defender with the approval of the board shall establish standards
for the offices of the state and district public defenders and for the conduct of all appointed
counsel systems. The standards must include, but are not limited to:

(1) standards needed to maintain and operate an office of public defender including
requirements regarding the qualifications, training, and size of the legal and supporting
staff for a public defender or appointed counsel system;

(2) standards for public defender caseloads;

(3) standards and procedures for the eligibility for appointment, assessment, and
collection of the costs for legal representation provided by public defenders or appointed
counsel;

(4) standards for contracts between a board of county commissioners and a county
public defender system for the legal representation of indigent persons;

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

(6) standards ensuring the independent, competent, and efficient representation of
clients whose cases present conflicts of interest, in both the trial and appellate courts.

(d) The board may require the reporting of statistical data, budget information, and
other cost factors by the state and district public defenders and appointed counsel systems.

Sec. 2.

new text begin [611.217] PUBLIC DEFENDER LAW SCHOOL LOAN REPAYMENT
ASSISTANCE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Board" means the State Board of Public Defense.
new text end

new text begin (c) "Eligible public defender" means an individual who meets the requirements
established under subdivision 5.
new text end

new text begin (d) "Eligible nonprofit organization" means a nonprofit organization that meets the
requirements established under subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin The public defender law school loan repayment
assistance program is established under the State Board of Public Defense to assist with
the repayment of eligible public defenders' law school student loans.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The State Board of Public Defense shall establish procedures
for application for grants and for grant distribution.
new text end

new text begin (b) The board shall administer the program by:
new text end

new text begin (1) directly awarding grants to eligible public defenders; or
new text end

new text begin (2) indirectly awarding grants through eligible nonprofit organizations.
new text end

new text begin (c) The board may set additional criteria to determine eligibility for the program.
new text end

new text begin (d) The board may award grants equally to all eligible applicants or may prorate
grants based on years of service, amount of loan outstanding, order of application, or other
criteria established by the board.
new text end

new text begin Subd. 4. new text end

new text begin Application process. new text end

new text begin (a) To be considered for a grant under subdivision 3,
paragraph (b), clause (1), an eligible public defender must submit an application to the
board in the form and manner determined by the board. The application must include the
criteria in subdivision 5, and any other information required by the board.
new text end

new text begin (b) To be considered for a grant under subdivision 3, paragraph (b), clause (2), an
eligible public defender must submit an application to an eligible nonprofit organization,
in the form and manner determined by the eligible nonprofit organization and approved
by the board. The application must include the criteria in subdivision 5, and any other
information required by the board.
new text end new text begin new text end new text begin new text end

new text begin Subd. 5. new text end

new text begin Eligibility; individual. new text end

new text begin An individual is eligible to receive law school
repayment assistance in the form of a grant under this section if the individual:
new text end

new text begin (1) is an attorney;
new text end

new text begin (2) has existing law school student loan debt; and
new text end

new text begin (3) is employed full-time or part-time as:
new text end

new text begin (i) an assistant public defender by the State Board of Public Defense; or
new text end

new text begin (ii) an attorney for a public defense corporation, which receives funding from the
board under section 611.216.
new text end

new text begin Subd. 6. new text end

new text begin Eligibility; nonprofit organization. new text end

new text begin A nonprofit organization is eligible to
receive a grant under this section if the nonprofit organization:
new text end

new text begin (1) has entered into an agreement with the board to provide law school loan
repayment grants to eligible public defenders;
new text end

new text begin (2) has experience providing loan repayment assistance; and
new text end

new text begin (3) has experience distributing loan payments.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 to the State Board of Public Defense for the
public defender law school loan repayment assistance program. This amount adds to the
State Board of Public Defense's base budget.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective July 1, 2008.
new text end