1.1 	A bill for an act
1.2 	relating to public defense; modifying right to public defender representation;
1.3 	amending Minnesota Statutes 2004, sections 260C.163, subdivision 3; 611.14; 
1.4 	611.16; 611.18; 611.25, subdivision 1; 611.26, subdivision 6.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 260C.163, subdivision 3, is amended to 
1.7 	read:
1.8 		Subd. 3.Appointment of counsel. (a) The child, custodial parent, guardian or 
1.9 	custodian has the right to effective assistance of counsel in connection with a proceeding 
1.10 	in juvenile court.
1.11 	(b) Except in proceedings where the sole basis for the petition is habitual truancy, if 
1.12 	the child, custodial parent, guardian, or custodian desires counsel but is unable to employ 
1.13 	it, the court shall appoint counsel to represent the child who is ten years of age or older 
1.14 	or the parents orcustodial parent, guardian, or custodian in any case in which it feels 
1.15 	that such an appointment is appropriate.
1.16 	(c) In any proceeding where the sole basis for the petition is habitual truancy, the 
1.17 	child, custodial parent, guardian, and custodian do not have the right to appointment of a 
1.18 	public defender or other counsel at public expense. However, before any out-of-home 
1.19 	placement, including foster care or inpatient treatment, can be ordered, the court must 
1.20 	appoint a public defender or other counsel at public expense in accordance with paragraph 
1.21 	(b).
1.22 	(d) Counsel for the child shall not also act as the child's guardian ad litem.
1.23 	(e) In any proceeding where the subject of a petition for a child in need of 
1.24 	protection or services is not represented by an attorney, the court shall determine the 
2.1 	child's preferences regarding the proceedings, if the child is of suitable age to express 
2.2 	a preference.

2.3 	Sec. 2. Minnesota Statutes 2004, section 611.14, is amended to read:
2.4 	611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
2.5 	The following persons who are financially unable to obtain counsel are entitled to be 
2.6 	represented by a public defender:
2.7 	(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a 
2.8 	person charged under sections  629.01 to  629.29; 
2.9 	(2) a person appealing from a conviction of a felony or gross misdemeanor, or 
2.10 	a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction 
2.11 	proceeding and who has not already had a direct appeal of the conviction, but if the person 
2.12 	pled guilty and received a presumptive sentence or a downward departure in sentence, 
2.13 	and the state public defender reviewed the person's case and determined that there was no 
2.14 	basis for an appeal of the conviction or of the sentence, then the state public defender may 
2.15 	decline to represent the person in a postconviction remedy case;
2.16 	(3) a person who is entitled to be represented by counsel under section  609.14, 
2.17 	subdivision 2; or 
2.18 	(4) a minor ten years of age or older who is entitled to be represented by counsel 
2.19 	under section  260B.163, subdivision 4, or  260C.163, subdivision 3.; or
2.20 	(5) a custodial parent who is entitled to be represented by counsel under section 
2.21 	260C.163, subdivision 3, or, if there is no custodial parent, the guardian or the custodian 
2.22 	of the child, except that in cases governed by the Indian Child Welfare Act, the district 
2.23 	public defender may represent both parents regardless of whether they have custody of the 
2.24 	child, or the guardian or custodian of the child.
2.25 	The Board of Public Defense must not provide or pay for public defender services to 
2.26 	persons other than those entitled to representation under this section.

2.27 	Sec. 3. Minnesota Statutes 2004, section 611.16, is amended to read:
2.28 	611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
2.29 	Any person described in section  611.14 or any other person entitled by law to 
2.30 	representation by counsel, may at any time request the court in which the matter is pending, 
2.31 	or the court in which the conviction occurred, to appoint a public defender to represent 
2.32 	the person. In a proceeding defined by clause (2) of section  611.14, application for the 
2.33 	appointment of a public defender may also be made to a judge of the Supreme Court. 

3.1 	Sec. 4. Minnesota Statutes 2004, section 611.18, is amended to read:
3.2 	611.18 APPOINTMENT OF PUBLIC DEFENDER.
3.3 	If it appears to a court that a person requesting the appointment of counsel satisfies 
3.4 	the requirements of this chapter, the court shall order the appropriate public defender to 
3.5 	represent the person at all further stages of the proceeding through appeal, if any. For a 
3.6 	person appealing from a conviction, or a person pursuing a postconviction proceeding 
3.7 	and who has not already had a direct appeal of the conviction, according to the standards 
3.8 	of sections  611.14 and  611.25, subdivision 1, paragraph (a), clause (2), the state public 
3.9 	defender shall be appointed. For a person covered by section  611.14, clause (1), (3), 
3.10 	(4), or (5), a district public defender shall be appointed to represent that person. If (a) 
3.11 	conflicting interests exist, (b) thedistrict public defender for any other reason is unable 
3.12 	to act, or (c) the interests of justice require, the state public defender may be ordered to 
3.13 	represent a person. When the state public defender is directed by a court to represent a 
3.14 	defendant or other person, the state public defender may assign the representation to 
3.15 	any district public defender. If at any stage of the proceedings, including an appeal, the 
3.16 	court finds that the defendant is financially unable to pay counsel whom the defendant 
3.17 	had retained, the court may appoint the appropriate public defender to represent the 
3.18 	defendant, as provided in this section. Prior to any court appearance, a public defender 
3.19 	may represent a person accused of violating the law, who appears to be financially unable 
3.20 	to obtain counsel, and shall continue to represent the person unless it is subsequently 
3.21 	determined that the person is financially able to obtain counsel. The representation may 
3.22 	be made available at the discretion of the public defender, upon the request of the person 
3.23 	or someone on the person's behalf. Any law enforcement officer may notify the public 
3.24 	defender of the arrest of any such person. 

3.25 	Sec. 5. Minnesota Statutes 2004, section 611.25, subdivision 1, is amended to read:
3.26 		Subdivision 1.Representation. (a) The state public defender shall represent, 
3.27 	without charge:
3.28 	(1) a defendant or other person appealing from a conviction of a felony or gross 
3.29 	misdemeanor;
3.30 	(2) a person convicted of a felony or gross misdemeanor who is pursuing a 
3.31 	postconviction proceeding and who has not already had a direct appeal of the conviction, 
3.32 	but if the person pled guilty and received a presumptive sentence or a downward departure 
3.33 	in sentence, and the state public defender reviewed the person's case and determined that 
3.34 	there was no basis for an appeal of the conviction or of the sentence, then the state public 
3.35 	defender may decline to represent the person in a postconviction remedy case; and
4.1 	(3) a child who is appealing from a delinquency adjudication or from an extended 
4.2 	jurisdiction juvenile conviction.
4.3 	(b) The state public defender may represent, without charge, all other persons 
4.4 	pursuing a postconviction remedy under section  590.01, who are financially unable 
4.5 	to obtain counsel. 
4.6 	(c) The state public defender shall represent any other person, who is financially 
4.7 	unable to obtain counsel, when directed to do so by the Supreme Court or the Court of 
4.8 	Appeals, except that The state public defender shall not represent a person in any action or 
4.9 	proceeding in which a party is seeking a monetary judgment, recovery or award. When 
4.10 	requested by a district public defender or appointed counsel, the state public defender 
4.11 	may assist the district public defender, appointed counsel, or an organization designated 
4.12 	in section  611.216 in the performance of duties, including trial representation in matters 
4.13 	involving legal conflicts of interest or other special circumstances, and assistance with 
4.14 	legal research and brief preparation. When the state public defender is directed by a 
4.15 	court to represent a defendant or other person, the state public defender may assign the 
4.16 	representation to any district public defender. 

4.17 	Sec. 6. Minnesota Statutes 2004, section 611.26, subdivision 6, is amended to read:
4.18 		Subd. 6.Persons defended. The district public defender shall represent, without 
4.19 	charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when 
4.20 	so directed by the district court. The district public defender shall also represent a minor 
4.21 	ten years of age or older in the juvenile court when so directed by the juvenile court. The 
4.22 	district public defender must not serve as advisory counsel. The juvenile court may not 
4.23 	order the district public defender to represent a minor who is under the age of ten years, 
4.24 	to serve as a guardian ad litem, or to represent a guardian ad litem. The district public 
4.25 	defender shall represent a custodial parent in the juvenile court under section 260C.163, 
4.26 	subdivision 3, or, if there is no custodial parent, the guardian or the custodian of the child, 
4.27 	when so directed by the juvenile court, except that in cases governed by the Indian Child 
4.28 	Welfare Act, the district public defender may represent both parents regardless of whether 
4.29 	they have custody of the child, or the guardian or custodian of the child.