HF 279

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public defenders; providing that assistant 
  1.3             district public defenders may not be dismissed except 
  1.4             for just cause; amending Minnesota Statutes 1994, 
  1.5             section 611.26, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 611.26, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [ASSISTANT PUBLIC DEFENDERS.] (a) A chief 
  1.10  district public defender shall appoint assistants who are 
  1.11  qualified attorneys licensed to practice law in this state and 
  1.12  other staff as the chief district public defender finds prudent 
  1.13  and necessary subject to the standards adopted by the state 
  1.14  public defender.  Assistant district public defenders must be 
  1.15  appointed to ensure broad geographic representation and caseload 
  1.16  distribution within the district.  
  1.17     (b) Once appointed, each assistant district public defender 
  1.18  serves at the pleasure of the chief district public defender. 
  1.19  has permanent status and may not be dismissed except for just 
  1.20  cause.  In case of any action under this paragraph, the 
  1.21  assistant district public defender shall, before the action is 
  1.22  taken, be furnished with a written statement, setting forth the 
  1.23  reasons for the disciplinary action.  The assistant district 
  1.24  public defender shall be permitted five work days' time to reply 
  1.25  in writing or to meet with the chief district public defender.  
  2.1   A copy of the statement charging the assistant district public 
  2.2   defender shall be filed with the state public defender along 
  2.3   with the employee's reply, if any. 
  2.4      An assistant district public defender who is dismissed must 
  2.5   be notified by the effective date of the right to appeal to the 
  2.6   state public defender.  Action by the chief district public 
  2.7   defender shall be final if no written appeal is made to the 
  2.8   state public defender within 30 calendar days after the 
  2.9   effective date of the action. 
  2.10     (c) A chief district public defender is authorized, subject 
  2.11  to approval by the state board of public defense or their 
  2.12  designee, to hire an independent contractor to perform the 
  2.13  duties of an assistant public defender.