Minnesota Legislature
HF 3607
as introduced - 93rd Legislature (2023 - 2024) Posted on 04/12/2024 12:05am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/08/2024 |
Current Version - as introduced
1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10
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10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11
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A bill for an act
relating to judiciary; modifying public defender law; removing payment by
defendant for public defender services; removing ad hoc Board of Public Defense;
amending conditions of the positions of certain public defenders; appropriating
money; amending Minnesota Statutes 2022, sections 611.17; 611.215, subdivision
2; 611.24; 611.26, subdivisions 2, 3, 3a, 4; 611.263, subdivision 1; 611.265; 611.27,
subdivisions 1, 8, 10, 11, 13, 16; Minnesota Statutes 2023 Supplement, sections
611.215, subdivision 1; 611.23; repealing Minnesota Statutes 2022, sections 611.20,
subdivisions 3, 4, 7; 611.25, subdivision 3; 611.27, subdivisions 6, 9, 12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 611.17, is amended to read:
611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; STANDARDS
FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:
(1) the defendant, or any dependent of the defendant who resides in the same household
as the defendant, receives means-tested governmental benefits; or
(2) the court determines that the defendant, through any combination of liquid assets
and current income, would be unable to pay the reasonable costs charged by private counsel
in that judicial district for a defense of the same matter.
(b) Upon a request for the appointment of counsel, the court shall make an appropriate
determination of financial eligibility under paragraph (a) of the applicant, who shall submit
a financial statement under oath or affirmation setting forth the applicant's assets and
liabilities, including the value of any real property owned by the applicant, whether
homestead or otherwise, less the amount of any encumbrances on the real property, the
source or sources of income, and any other information required by the court. The applicant
shall be under a continuing duty while represented by a public defender to disclose any
changes in the applicant's financial circumstances. The state public defender shall furnish
appropriate forms for the financial statements, which must be used by the district courts
throughout the state. The forms must contain conspicuous notice of the applicant's continuing
duty to disclose to the court changes in the applicant's financial circumstances. deleted text begin The forms
must also contain conspicuous notice of the applicant's obligation to make a co-payment
for the services of the district public defender, as specified under paragraph (c).deleted text end The
information contained in the statement shall be confidential and for the exclusive use of the
court and the public defender except for any prosecution under section 609.48. A refusal
to execute the financial statement or produce financial records constitutes a waiver of the
right to the appointment of a public defender. The court shall not appoint a public defender
to a defendant who is financially able to retain private counsel but refuses to do so, refuses
to execute the financial statement or refuses to provide information necessary to determine
financial eligibility under this section, or waives the appointment of a public defender under
section 611.19.
An inquiry to determine financial eligibility of a defendant for the appointment of the
district public defender shall be made whenever possible prior to the court appearance and
by such persons as the court may direct. This inquiry may be combined with the prerelease
investigation provided for in Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In
no case shall the district public defender be required to perform this inquiry or investigate
the defendant's assets or eligibility. The court has the sole duty to conduct a financial inquiry.
The inquiry must include the following:
(1) the liquidity of real estate assets, including the defendant's homestead;
(2) any assets that can be readily converted to cash or used to secure a debt;
(3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and
(4) the value of all property transfers occurring on or after the date of the alleged offense
or notice of the action. The burden is on the accused to show that the accused is financially
unable to afford counsel. Defendants who fail to provide information necessary to determine
eligibility shall be deemed ineligible. The court must not appoint the district public defender
as advisory counsel or standby counsel. If the court appoints advisory or standby counsel,
the cost of counsel shall be paid for by the Office of the State Court Administrator or, if the
prosecutor requests the appointment, by the governmental unit conducting the prosecution.
In no event may the court order the Board of Public Defense to pay the cost of advisory or
standby counsel.
deleted text begin
(c) Upon disposition of the case, an individual who has received public defender services
shall pay to the court a $75 co-payment for representation provided by a public defender,
unless the co-payment is, or has been, reduced in part or waived by the court.
deleted text end
deleted text begin
The co-payment must be credited to the general fund. If a term of probation is imposed
as a part of an offender's sentence, the co-payment required by this section must not be
made a condition of probation. The co-payment required by this section is a civil obligation
and must not be made a condition of a criminal sentence.
deleted text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 611.215, subdivision 1, is amended
to read:
Subdivision 1.
Structure; membership.
(a) The State Board of Public Defense is a part
of, but is not subject to the administrative control of, the judicial branch of government.
The State Board of Public Defense shall consist of nine members including:
(1) five attorneys admitted to the practice of law, well acquainted with the defense of
persons accused of crime, but not employed as prosecutors, appointed by the supreme court,
of which one must be a retired or former public defender within the past five years; and
(2) four public members appointed by the governor.
The appointing authorities may not appoint a person who is a judge to be a member of
the State Board of Public Defensedeleted text begin , other than as a member of the ad hoc Board of Public
Defensedeleted text end .
(b) All members shall demonstrate an interest in maintaining a high quality, independent
defense system for those who are unable to obtain adequate representation. Appointments
to the board shall include qualified women and members of minority groups. At least deleted text begin threedeleted text end new text begin
fournew text end members of the board shall be from judicial districts other than the First, Second,
Fourth, and Tenth Judicial Districts. The terms, compensation, and removal of members
shall be as provided in section 15.0575. The chair shall be elected by the members from
among the membership for a term of two years.
deleted text begin
(c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc
board when considering the appointment of district public defenders under section 611.26,
subdivision 2. The terms of chief district public defenders currently serving shall terminate
in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Meetings of the board are subject to chapter 13D.
Sec. 3.
Minnesota Statutes 2022, 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 and to the public defense corporations.
(c) The state public defender with the approval of the board shall establish standards for
the offices of the state and district public defenders deleted text begin and for the conduct of all appointed
counsel systemsdeleted text end . 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
deleted text begin for a public defender or appointed counsel systemdeleted text end ;
(2) standards for public defender caseloads;
deleted text begin
(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;
deleted text end
deleted text begin
(4) standards for contracts between a board of county commissioners and a county public
defender system for the legal representation of indigent persons;
deleted text end
deleted text begin (5)deleted text end new text begin (3)new text end standards prescribing minimum qualifications of counsel appointed under the
board's authority deleted text begin or by the courtsdeleted text end ; and
deleted text begin (6)deleted text end new text begin (4)new text end standards ensuring the independent, competent, and efficient representation of
clients whose cases present conflicts of interest, in both the trial and appellate courts.
deleted text begin
(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.
deleted text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 611.23, is amended to read:
611.23 deleted text begin OFFICE OFdeleted text end STATE PUBLIC DEFENDERdeleted text begin ; APPOINTMENT; SALARYdeleted text end .
new text begin (a) new text end The state public defender is responsible to the State Board of Public Defense. The
state public defender shall supervise the operation, activities, policies, and procedures of
the statewide public defender system. When requested by a district public defender or
appointed counsel, the state public defender may assist the district public defender, appointed
counsel, or an organization designated in section 611.216 in the performance of duties,
including trial representation in matters involving legal conflicts of interest or other special
circumstances, and assistance with legal research and brief preparation. The state public
defender shall be appointed by the State Board of Public Defense deleted text begin for a term of four years,
except as otherwise provided in this section, and until a successor is appointed and qualifieddeleted text end .
The state public defender shall be a full-time qualified attorney, licensed to practice law in
this state, serve in the unclassified service of the state, and new text begin may new text end be removed deleted text begin only for cause
by the appointing authority. Vacancies in the office shall be filled by the appointing authority
for the unexpired term.deleted text end new text begin by a two-thirds vote of board members present at a board meeting.new text end
The salary of the state public defender shall be fixed by the State Board of Public Defense.
deleted text begin Terms of the state public defender shall commence on July 1.deleted text end The state public defender
shall devote full time to the performance of duties and shall not engage in the general practice
of law.
new text begin
(b) The state public defender shall design and conduct programs for the training of all
state and district public defenders, appointed counsel, and attorneys for public defense
corporations funded under section 611.26. The state public defender shall establish policies
and procedures to administer the district public defender system, consistent with standards
adopted by the State Board of Public Defense.
new text end
Sec. 5.
Minnesota Statutes 2022, section 611.24, is amended to read:
611.24 CHIEF APPELLATE PUBLIC DEFENDER; deleted text begin ORGANIZATION OF
deleted text end OFFICE; ASSISTANTS.
new text begin Subdivision 1. new text end
new text begin Organization. new text end
(a) deleted text begin Beginning January 1, 2007, and for every four years
after that date,deleted text end The State Board of Public Defense shall appoint a chief appellate public
defender in charge of appellate services, who shall employ or retain assistant state public
defenders and other personnel as may be necessary to discharge the functions of the office.
The chief deleted text begin appellate public defender shall serve a four-year term and may be removed only
for cause upon the orderdeleted text end new text begin may be removed upon the recommendation of the state public
defender to the State Board of Public Defense and a two-thirds vote of members present new text end
of the State Board of Public Defense. The chief appellate public defender shall be a full-time
qualified attorney, licensed to practice law in this state, and serve in the unclassified service
of the state. deleted text begin Vacancies in the office shall be filled by the appointing authority for the
unexpired term.
deleted text end
(b) An assistant state new text begin appellate new text end public defender shall be a qualified attorneydeleted text begin ,deleted text end new text begin andnew text end licensed
to practice law in this statedeleted text begin , serve in the unclassified service of the state if employed, and
serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed
reasonable compensation for comparable services performed for other governmental agencies
or departmentsdeleted text end . Retained or part-time employed assistant state public defenders may engage
in the general practice of law. The compensation of the chief appellate public defender deleted text begin and
the compensation of each assistant state public defenderdeleted text end shall be set by the State Board of
Public Defense. The chief appellate public defender shall devote full time to the performance
of duties and shall not engage in the general practice of law.
deleted text begin
(c) The incumbent deputy state public defender as of December 31, 2006, shall be
appointed as the chief appellate public defender for the four-year term beginning on January
1, 2007.
deleted text end
Sec. 6.
Minnesota Statutes 2022, section 611.26, subdivision 2, is amended to read:
Subd. 2.
Appointment; terms.
The State Board of Public Defense shall appoint a chief
district public defender for each judicial district. deleted text begin When appointing a chief district public
defender, the state Board of Public Defense membership shall be increased to include two
residents of the district appointed by the chief judge of the district to reflect the characteristics
of the population served by the public defender in that district. The additional members
shall serve only in the capacity of selecting the district public defender. The ad hoc state
Board of Public Defense shall appoint a chief district public defender only after requesting
and giving reasonable time to receive any recommendations from the public, the local bar
association, and the judges of the district.deleted text end Each chief district public defender shall be a
qualified attorney licensed to practice law in this state. deleted text begin The chief district public defender
shall be appointed for a term of four years, beginning January 1, pursuant to the following
staggered term schedule: (1) in 2008, the second and eighth districts; (2) in 2009, the first,
third, fourth, and tenth districts; (3) in 2010, the fifth and ninth districts; and (4) in 2011,
the sixth and seventh districts.deleted text end The chief district public defenders deleted text begin shall serve for four-year
terms and may be removed for cause upon the order of the state Board of Public Defense.
Vacancies in the office shall be filled by the appointing authority for the unexpired term.deleted text end new text begin
may be removed upon the recommendation of the state public defender to the State Board
of Public Defense and a two-thirds vote of members present of the State Board of Public
Defense.new text end The chief district public defenders shall devote full time to the performance of
duties and shall not engage in the general practice of law.
Sec. 7.
Minnesota Statutes 2022, section 611.26, subdivision 3, is amended to read:
Subd. 3.
Compensation.
(a) The compensation of the chief district public defender deleted text begin and
the compensation of each assistant district public defenderdeleted text end shall be set by the Board of
Public Defense. deleted text begin To assist the Board of Public Defense in determining compensation under
this subdivision, counties shall provide to the board information on the compensation of
county attorneys, including salaries and benefits, rent, secretarial staff, and other pertinent
budget data. For purposes of this subdivision, compensation means salaries, cash payments,
and employee benefits including paid time off and group insurance benefits, and other direct
and indirect items of compensation including the value of office space provided by the
employer.
deleted text end
(b) This subdivision does not limit the rights of public defenders to collectively bargain
with their employers.
Sec. 8.
Minnesota Statutes 2022, section 611.26, subdivision 3a, is amended to read:
Subd. 3a.
Budget; compensation.
(a) Notwithstanding subdivision 3 or any other law
to the contrary, compensation and economic benefit increases for chief district public
defenders and assistant district public defenders, who are full-time county employees, shall
be paid out of the budget for that judicial district public defender's office.
(b) In the Second Judicial District, the district public defender's office shall be funded
by the Board of Public Defense. The budget for the Second Judicial District Public Defender's
Office shall not include Ramsey County property taxes.
(c) In the Fourth Judicial District, the district public defender's office shall be funded
by the Board of Public Defense and by the Hennepin County Board. Personnel expenses of
state employees hired on or after January 1, 1999, in the Fourth Judicial District Public
Defender's Office shall be funded by the Board of Public Defense.
deleted text begin
(d) Those budgets for district public defender services in the Second and Fourth Judicial
Districts under the jurisdiction of the state Board of Public Defense shall be eligible for
adjustments to their base budgets in the same manner as other state agencies. In making
biennial budget base adjustments, the commissioner of management and budget shall consider
the budgets for district public defender services in all judicial districts, as allocated by the
state Board of Public Defense, in the same manner as other state agencies.
deleted text end
Sec. 9.
Minnesota Statutes 2022, section 611.26, subdivision 4, is amended to read:
Subd. 4.
Assistant public defenders.
A chief district public defender shall appoint
assistants who are qualified attorneys licensed to practice law in this state and other staff
as the chief district public defender finds prudent and necessary subject to the standards
adopted by the state public defender. deleted text begin Assistant district public defenders must be appointed
to ensure broad geographic representation and caseload distribution within the district. Each
assistant district public defender serves at the pleasure of the chief district public defender.deleted text end
A chief district public defender is authorized, subject to approval by the state deleted text begin Board of
Public Defensedeleted text end new text begin public defendernew text end or their designee, to hire an independent contractor to
perform the duties of an assistant public defender.
Sec. 10.
Minnesota Statutes 2022, section 611.263, subdivision 1, is amended to read:
Subdivision 1.
Employees.
(a) Except as provided in subdivision 3, deleted text begin the district public
defender anddeleted text end assistant public defenders of the Second Judicial District are employees of
Ramsey County in the unclassified service under section 383A.286.
(b) Except as provided in subdivision 3, deleted text begin the district public defender anddeleted text end assistant public
defenders of the Fourth Judicial District are employees of Hennepin County under section
383B.63, subdivision 6.
Sec. 11.
Minnesota Statutes 2022, section 611.265, is amended to read:
611.265 TRANSITION.
(a) District public defenders and their employees, other than in the Second and Fourth
Judicial Districts, are state employees in the judicial branch, and are governed by the
personnel rules adopted by the State Board of Public Defense.
deleted text begin
(b) A district public defender or district public defender employee who becomes a state
employee under this section, and who participated in a county insurance program on June
30, 1993, may elect to continue to participate in the county program according to procedures
established by the Board of Public Defense. An affected county shall bill the Board of Public
Defense for employer contributions, in a manner prescribed by the board. The county shall
not charge the board any administrative fee. Notwithstanding any law to the contrary, a
person who is first employed as a district public defender after July 1, 1993, shall participate
in the state employee insurance program, as determined by the state Board of Public Defense,
in consultation with the commissioner of management and budget.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end A district public defender or district public defender employee who becomes a
state employee under this section, and who participated in the Public Employee Retirement
Association on June 30, 1993, may elect to continue to participate in the Public Employees
Retirement Association according to procedures established by the Board of Public Defense
and the association. Notwithstanding any law to the contrary, a person who is first employed
as a state employee or by a district public defender after July 1, 1993, must participate in
the Minnesota State Retirement System.
deleted text begin (d)deleted text end new text begin (c)new text end A person performing district public defender work as an independent contractor
is not eligible to be covered under the state group insurance plan or the Public Employee
Retirement Association.
Sec. 12.
Minnesota Statutes 2022, section 611.27, subdivision 1, is amended to read:
Subdivision 1.
Budget.
deleted text begin
(a) A chief district public defender shall annually submit a
comprehensive budget to the state Board of Public Defense. The budget shall be in
compliance with standards and forms required by the board. The chief district public defender
shall, at times and in the form required by the board, submit reports to the board concerning
its operations, including the number of cases handled and funds expended for these services.
deleted text end
deleted text begin (b)deleted text end Money appropriated to the State Board of Public Defense for the board's
administration, for the state public defender, for the judicial district public defenders, and
for the public defense corporations shall be expended as determined by the board. In
distributing funds to district public defenders, the board shall consider deleted text begin the geographic
distribution of public defenders, the equity of compensation among the judicial districts,deleted text end
public defender case loadsdeleted text begin ,deleted text end and the results of the weighted case load study.
Sec. 13.
Minnesota Statutes 2022, section 611.27, subdivision 8, is amended to read:
Subd. 8.
Adequate representation; review.
In a case where the chief district public
defender does not believe that the office can provide adequate representation, the chief
public defender of the district shall immediately notify the state public defender.new text begin The chief
district public defender may request that the state public defender authorize appointment
of counsel other than the district public defender in the case.
new text end
Sec. 14.
Minnesota Statutes 2022, section 611.27, subdivision 10, is amended to read:
Subd. 10.
Addition of permanent staff.
The chief public defender may not request nor
may the state public defender approve the addition of permanent staff under deleted text begin subdivision 7deleted text end new text begin
this sectionnew text end .
Sec. 15.
Minnesota Statutes 2022, section 611.27, subdivision 11, is amended to read:
Subd. 11.
Appointment of counsel.
new text begin (a) new text end If the state public defender finds that the provision
of adequate legal representation, including associated services, is beyond the ability of the
district public defender to provide, the state public defender may approve counsel to be
appointed, with compensation and expenses to be paid under deleted text begin the provisions ofdeleted text end this
subdivision deleted text begin and subdivision 7deleted text end . Counsel in deleted text begin suchdeleted text end new text begin thesenew text end cases shall be appointed by the chief
district public defender.
new text begin
(b) All billings for services rendered and ordered under this subdivision shall require
the approval of the chief district public defender before being forwarded to the state public
defender for payment. Counsel appointed under this subdivision shall document the time
worked and expenses incurred in a manner prescribed by the chief district public defender.
In cases where adequate representation cannot be provided by the district public defender
and where counsel has been approved by the state public defender, the Board of Public
Defense shall pay all services from county program aid transferred by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
new text end
Sec. 16.
Minnesota Statutes 2022, section 611.27, subdivision 13, is amended to read:
Subd. 13.
Correctional facility inmates.
deleted text begin
All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded to the state public defender. In cases where adequate representation cannot
be provided by the district public defender and where counsel has been approved by the
state public defender, the Board of Public Defense shall pay all services from county program
aid transferred by the commissioner of revenue for that purpose under section 477A.03,
subdivision 2b, paragraph (a).
deleted text end
The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the State Board of Public Defense. In deleted text begin suchdeleted text end new text begin
thesenew text end cases the state public defender may follow the procedures outlined in this section for
obtaining court-ordered counsel.
Sec. 17.
Minnesota Statutes 2022, section 611.27, subdivision 16, is amended to read:
Subd. 16.
Appeal by prosecuting attorney; attorney fees.
deleted text begin
(a) When a prosecuting
attorney appeals to the court of appeals, in any criminal case, from any pretrial order of the
district court, reasonable attorney fees and costs incurred shall be allowed to the defendant
on the appeal which shall be paid by the governmental unit responsible for the prosecution
involved in accordance with paragraph (b).
deleted text end
deleted text begin (b) Bydeleted text end new text begin On or beforenew text end January 15deleted text begin , 2013, and every year thereafterdeleted text end new text begin of each yearnew text end , the chief
judge of the judicial district, after consultation with city and county attorneys, the chief
public defender, and members of the private bar in the district, shall establish a reimbursement
rate for attorney fees and costs associated with representation deleted text begin under paragraph (a)deleted text end new text begin of a
defendant on appealnew text end . The compensation to be paid to an attorney for such service rendered
to a defendant under this subdivision may not exceed deleted text begin $5,000deleted text end new text begin $10,000new text end , exclusive of
reimbursement for expenses reasonably incurred, unless payment in excess of that limit is
certified by the chief judge of the district as necessary to provide fair compensation for
services of an unusual character or duration.
Sec. 18. new text begin APPROPRIATION; BOARD OF PUBLIC DEFENSE.
new text end
new text begin
$....... in fiscal year 2025 is appropriated from the general fund to the Board of Public
Defense for ........
new text end
Sec. 19. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical and
other changes necessitated by the renumbering and cross-reference changes.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
611.27, subdivision 3 new text end |
new text begin
611.24, subdivision 2 new text end |
|
|
new text begin
611.27, subdivision 15 new text end |
new text begin
611.24, subdivision 3 new text end |
|
|
new text begin
611.27, subdivision 16 new text end |
new text begin
611.24, subdivision 4 new text end |
Sec. 20. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 611.20, subdivisions 3, 4, and 7; 611.25, subdivision
3; and 611.27, subdivisions 6, 9, and 12,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 24-05186
611.20 SUBSEQUENT ABILITY TO PAY COUNSEL.
Subd. 3.
Reimbursement.
In each fiscal year, the commissioner of management and budget shall deposit the payments in the special revenue fund and credit them to a separate account with the Board of Public Defense. The amount credited to this account is appropriated to the Board of Public Defense.
The balance of this account does not cancel but is available until expended. Expenditures by the board from this account for each judicial district public defense office must be based on the amount of the payments received by the state from the courts in each judicial district. A district public defender's office that receives money under this subdivision shall use the money to supplement office overhead payments to part-time attorneys providing public defense services in the district. By January 15 of each year, the Board of Public Defense shall report to the chairs and ranking minority members of the senate and house of representatives divisions having jurisdiction over criminal justice funding on the amount appropriated under this subdivision, the number of cases handled by each district public defender's office, the number of cases in which reimbursements were ordered, the average amount of reimbursement ordered, and the average amount of money received by part-time attorneys under this subdivision.
Subd. 4.
Employed defendants; ability to pay.
(a) A court may order a defendant to reimburse the state for the cost of the public defender. In determining the amount of reimbursement, the court shall consider the defendant's income, assets, and employment. If reimbursement is required under this subdivision, the court shall order the reimbursement when a public defender is first appointed or as soon as possible after the court determines that reimbursement is required. The court may accept partial reimbursement from the defendant if the defendant's financial circumstances warrant establishing a reduced reimbursement schedule. If a defendant does not agree to make payments, the court may order the defendant's employer to withhold a percentage of the defendant's income to be turned over to the court.
(b) If a court determines under section 611.17 that a defendant is financially unable to pay the reasonable costs charged by private counsel due to the cost of a private retainer fee, the court shall evaluate the defendant's ability to make partial payments or reimbursement.
Subd. 7.
Income withholding.
(a) Whenever an obligation for reimbursement of public defender costs is ordered by a court under this section, the amount of reimbursement as determined by court order must be withheld from the income of the person obligated to pay. The court shall serve a copy of the reimbursement order on the defendant's employer. Notwithstanding any law to the contrary, the order is binding on the employer when served. Withholding must begin no later than the first pay period that occurs after 14 days following the date of the notice. The employer shall withhold from the income payable to the defendant the amount specified in the order and shall remit, within ten days of the date the defendant is paid the remainder of the income, the amounts withheld to the court.
(b) An employer shall not discharge, or refuse to hire, or otherwise discipline an employee as a result of a wage or salary withholding authorized by this section. The employer shall be liable to the court for any amounts required to be withheld. An employer that fails to withhold or transfer funds in accordance with this section is also liable for interest on the funds at the rate applicable to judgments under section 549.09, computed from the date the funds were required to be withheld. An employer that has failed to comply with the requirements of this section is subject to contempt of court.
(c) Amounts withheld under this section do not supersede or have priority over amounts withheld pursuant to other sections of law.
611.25 POWERS; DUTIES; LIMITATIONS.
Subd. 3.
Duties.
The state public defender may require the reporting of statistical data, budget information, and other cost factors by the chief district public defenders and appointed counsel systems. The state public defender shall design and conduct programs for the training of all state and district public defenders, appointed counsel, and attorneys for public defense corporations funded under section 611.26. The state public defender shall establish policies and procedures to administer the district public defender system, consistent with standards adopted by the State Board of Public Defense.
611.27 OFFICES OF DISTRICT PUBLIC DEFENDER; FINANCING; REPRESENTATION.
Subd. 6.
Case reporting system.
The state Board of Public Defense shall adopt and implement a uniform system for reporting of hours and cases by district public defenders. District public defenders shall provide whatever assistance the board requires in order to implement this reporting system.
Subd. 9.
Request for other appointment of counsel.
The chief district public defender may request that the state public defender authorize appointment of counsel other than the district public defender in such cases.
Subd. 12.
Compensation and expenses.
Counsel appointed under this subdivision shall document the time worked and expenses incurred in a manner prescribed by the chief district public defender.