HF 3233

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public defense; clarifying those persons 
  1.3             eligible to be represented by the district public 
  1.4             defender and the state public defender; amending 
  1.5             Minnesota Statutes 1996, sections 611.14; 611.16; 
  1.6             611.25, subdivision 1; and 611.26, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 611.14, is 
  1.9   amended to read: 
  1.10     611.14 [RIGHT TO REPRESENTATION BY DISTRICT PUBLIC 
  1.11  DEFENDER.] 
  1.12     (a) The following persons who are financially unable to 
  1.13  obtain counsel are entitled to be represented by a district 
  1.14  public defender: 
  1.15     (1) a person charged with a felony or, gross misdemeanor, 
  1.16  or misdemeanor, including a person charged under sections 629.01 
  1.17  to 629.29; 
  1.18     (2) a person appealing from a conviction of a felony or 
  1.19  gross misdemeanor, or a person convicted of a felony or gross 
  1.20  misdemeanor who is pursuing a postconviction proceeding and who 
  1.21  has not already had a direct appeal of the conviction; 
  1.22     (3) a person who is entitled to be represented by counsel 
  1.23  under section 609.14, subdivision 2; 
  1.24     (4) (3) a minor child, ten years of age or older, who is 
  1.25  entitled to be represented by counsel under section 260.155, 
  1.26  subdivision 2, if the judge of the juvenile court concerned has 
  2.1   requested and received the approval of a majority of the 
  2.2   district court judges of the judicial district to utilize the 
  2.3   services of the public defender in such cases, and approval of 
  2.4   the compensation on a monthly, hourly, or per diem basis to be 
  2.5   paid for such services under section 260.251, subdivision 2, 
  2.6   clause (e); or 
  2.7      (5) a person, entitled by law to be represented by counsel, 
  2.8   charged with an offense within the trial jurisdiction of a 
  2.9   district court, if the trial judge or a majority of the trial 
  2.10  judges of the court concerned have requested and received 
  2.11  approval of a majority of the district court judges of the 
  2.12  judicial district to utilize the services of the public defender 
  2.13  in such cases and approval of the compensation on a monthly, 
  2.14  hourly, or per diem basis to be paid for such services by the 
  2.15  county within the court's jurisdiction. 
  2.16     (4) a parent or legal guardian who is entitled to be 
  2.17  represented by counsel under section 260.155, subdivision 2. 
  2.18     (b) The district public defender shall not represent:  
  2.19  children under the age of ten, guardians ad litem, or any 
  2.20  relatives other than a parent, unless they are the sole legal 
  2.21  guardians of a child.  Parties who are entitled to 
  2.22  representation by the public defender in juvenile court 
  2.23  proceedings are not entitled to representation by the district 
  2.24  public defender in family court proceedings. 
  2.25     (c) If a court appoints counsel at public expense for any 
  2.26  person described in paragraph (b), the county where the court is 
  2.27  located shall pay the costs of the appointed counsel. 
  2.28     Sec. 2.  Minnesota Statutes 1996, section 611.16, is 
  2.29  amended to read: 
  2.30     611.16 [REQUEST FOR APPOINTMENT OF DISTRICT PUBLIC 
  2.31  DEFENDER.] 
  2.32     Any person described in section 611.14 or any other person 
  2.33  entitled by law to representation by counsel, paragraph (a), may 
  2.34  at any time request the court in which the matter is pending, or 
  2.35  the court in which the conviction occurred, to appoint a 
  2.36  district public defender to represent the person.  In a 
  3.1   proceeding defined by clause (2) of section 611.14 611.25, 
  3.2   application for the appointment of a state public defender may 
  3.3   also be made to the court in which the conviction occurred or to 
  3.4   a judge of the supreme court.  
  3.5      Sec. 3.  Minnesota Statutes 1996, section 611.25, 
  3.6   subdivision 1, is amended to read: 
  3.7      Subdivision 1.  [REPRESENTATION BY STATE PUBLIC DEFENDER.] 
  3.8   (a) The state public defender shall represent, without charge: 
  3.9      (1) a defendant or other person appealing from a conviction 
  3.10  of a felony or gross misdemeanor; 
  3.11     (2) a person convicted of a felony or gross misdemeanor who 
  3.12  is pursuing a postconviction proceeding and who has not already 
  3.13  had a direct appeal of the conviction; and 
  3.14     (3) a child who is appealing from a delinquency 
  3.15  adjudication or from an extended jurisdiction juvenile 
  3.16  conviction, or who has been certified as an adult or designated 
  3.17  as an extended jurisdiction juvenile after a hearing in juvenile 
  3.18  court.  The state public defender shall not represent any party 
  3.19  in an appeal of a child in need of protection or services or 
  3.20  termination of parental rights case. 
  3.21     (b) The state public defender may represent, without 
  3.22  charge, all other persons pursuing a postconviction remedy under 
  3.23  section 590.01, who are financially unable to obtain counsel.  
  3.24     (c) The state public defender shall represent any other 
  3.25  person, who is financially unable to obtain counsel, when 
  3.26  directed to do so by the supreme court or the court of appeals, 
  3.27  except that the state public defender shall not represent a 
  3.28  person in any action or proceeding in which a party is seeking a 
  3.29  monetary judgment, recovery or award.  When requested by a 
  3.30  district public defender or appointed counsel, the state public 
  3.31  defender may assist the district public defender, appointed 
  3.32  counsel, or an organization designated in section 611.216 in the 
  3.33  performance of duties, including trial representation in matters 
  3.34  involving legal conflicts of interest or other special 
  3.35  circumstances, and assistance with legal research and brief 
  3.36  preparation.  When the state public defender is directed by a 
  4.1   court to represent a defendant or other person, the state public 
  4.2   defender may assign the representation to any district public 
  4.3   defender. 
  4.4      Sec. 4.  Minnesota Statutes 1996, section 611.26, 
  4.5   subdivision 6, is amended to read: 
  4.6      Subd. 6.  [PERSONS DEFENDED.] The district public defender 
  4.7   shall represent, without charge, a defendant charged with a 
  4.8   felony, a gross misdemeanor, or misdemeanor when so directed by 
  4.9   the district court.  The district public defender shall also 
  4.10  represent a minor in the juvenile court when so directed by the 
  4.11  juvenile court child ten years of age or older, who is entitled 
  4.12  to be represented by counsel under section 260.155, subdivision 
  4.13  2, and a parent or legal guardian who is entitled to be 
  4.14  represented by counsel under section 260.155, subdivision 2. 
  4.15     The district public defender shall not represent:  children 
  4.16  under the age of ten, guardians ad litem, or any relatives other 
  4.17  than a parent, unless they are the sole legal guardians of a 
  4.18  child.  Parties who are entitled to representation by the 
  4.19  district public defender in juvenile court proceedings are not 
  4.20  entitled to representation by the district public defender in 
  4.21  family court proceedings.