HF 922

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/22/2023 10:20am

A bill for an act
relating to judiciary; establishing the Statewide Office of Appellate Counsel and
Training; establishing the State Board of Appellate Counsel and Training;
establishing a head appellate counsel and a program administrator; providing for
attorneys to serve as counsel; authorizing counties to utilize the services of the
office to provide appellate counsel for parents of certain juveniles; directing the
Department of Administration to support the establishment of the office; proposing
coding for new law in Minnesota Statutes, chapter 260C.

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

Section 1.

new text begin [260C.419] STATEWIDE OFFICE OF APPELLATE COUNSEL AND
TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Board" means the State Board of Appellate Counsel and Training.
new text end

new text begin (c) "Juvenile protection matter" means any of the following:
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new text begin (1) child in need of protection or services matters as defined in section 260C.007,
subdivision 6, including habitual truant and runaway matters;
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new text begin (2) neglected and in foster care matters as defined in section 260C.007, subdivision 24;
new text end

new text begin (3) review of voluntary foster care matters as defined in section 260C.141, subdivision
2;
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new text begin (4) review of out-of-home placement matters as defined in section 260C.212;
new text end

new text begin (5) termination of parental rights matters as defined in sections 260C.301 to 260C.328;
and
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new text begin (6) permanent placement matters as defined in sections 260C.503 to 260C.521, including
matters involving termination of parental rights, guardianship to the commissioner of human
services, transfer of permanent legal and physical custody to a relative, permanent custody
to the agency, temporary legal custody to the agency, and matters involving voluntary
placement pursuant to section 260D.07.
new text end

new text begin (d) "Office" means the Statewide Office of Appellate Counsel and Training.
new text end

new text begin Subd. 2. new text end

new text begin Statewide Office of Appellate Counsel and Training; establishment. new text end

new text begin (a)
The Statewide Office of Appellate Counsel and Training is established as an independent
state office. The office shall be responsible for:
new text end

new text begin (1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
new text end

new text begin (2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
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new text begin (3) collaborating with the Minnesota Department of Human Services to coordinate and
secure federal Title IV-E support for counties and Tribes interested in accessing federal
funding.
new text end

new text begin (b) The office shall be governed by a board as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin State Board of Appellate Counsel and Training; structure; membership. new text end

new text begin (a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
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new text begin (1) four public members appointed by the governor; and
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new text begin (2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
new text end

new text begin (b) The appointing authorities may not appoint any of the following to be a member of
the board:
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new text begin (1) a person who is a judge;
new text end

new text begin (2) a person who is a registered lobbyist;
new text end

new text begin (3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
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new text begin (4) a person who serves as counsel for children in juvenile court;
new text end

new text begin (5) a person under contract with or employed by the Department of Human Services or
a county department of human or social services; or
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new text begin (6) a current city or county attorney or assistant city or county attorney.
new text end

new text begin (c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Human Services, to
secure and utilize Title IV-E funding. At least one member of the board appointed by the
governor must be a representative from a federally recognized Indian Tribe. No more than
five members of the board may belong to the same political party. At least three members
of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth
Judicial Districts. To the extent practicable, the membership of the board must include
persons with disabilities, reflect the ethnic diversity of the state, take into consideration race
and gender, and include persons from throughout the state. The members shall be well
acquainted with representing parents in district court and appellate proceedings related to
child protection matters as well as the law that affect a parent attorney's work, including
chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate
Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation
Act. The terms, compensation, and removal of members shall be as provided in section
15.0575. The members shall elect a chair from among the membership and the chair shall
serve a term of two years.
new text end

new text begin Subd. 4. new text end

new text begin Head appellate counsel for parents; assistant and contracted attorneys;
other employees. new text end

new text begin (a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The compensation of the head appellate counsel shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end

new text begin (b) Consistent with the decisions of the board, the head appellate counsel shall employ
assistants or hire independent contractors to serve as appellate counsel for parents. Each
assistant appellate counsel and independent contractor serves at the pleasure of the head
appellate counsel. The compensation of assistant appellate counsel and independent
contractors shall be set by the board and shall be commensurate with county attorneys in
the state.
new text end

new text begin (c) A person serving as appellate counsel shall be a qualified attorney licensed to practice
law in this state. A person serving as appellate counsel practicing in Tribal court shall be a
licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate
counsel and contracted appellate counsel may engage in the general practice of law where
not employed or contracted to provide services on a full-time basis.
new text end

new text begin (d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
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new text begin (1) one managing appellate attorney;
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new text begin (2) two staff attorneys;
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new text begin (3) one director of training;
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new text begin (4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Human Services; and
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new text begin (5) one office administrator.
new text end

new text begin (e) Each employee identified in paragraph (d) serves at the pleasure of the head appellate
counsel. The compensation of each employee shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end

new text begin (f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
new text end

new text begin (g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.
new text end

new text begin Subd. 5. new text end

new text begin Duties and responsibilities. new text end

new text begin (a) The board shall work cooperatively with the
head appellate counsel to govern the office and provide fiscal oversight.
new text end

new text begin (b) The board shall approve and recommend to the legislature a budget for the board,
the office, and any programs operated by that office.
new text end

new text begin (c) The board shall establish procedures for distribution of funding under this section to
the office and any programs operated by that office.
new text end

new text begin (d) The head appellate counsel with the approval of the board shall establish appellate
program standards, administrative policies, procedures, and rules consistent with statute,
rules of court, and laws that affect appellate counsel's work. The standards must include but
are not limited to:
new text end

new text begin (1) standards needed to maintain and operate an appellate counsel for parents program,
including requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
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new text begin (2) standards for appellate counsel caseloads;
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new text begin (3) standards and procedures for the eligibility of appointment, assessment, and collection
of the costs for legal representation provided by appellate counsel;
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new text begin (4) standards for contracts between contracted appellate counsel and the state appellate
counsel program for the legal representation of indigent persons;
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new text begin (5) standards prescribing minimum qualifications of counsel appointed under the board's
authority or by the courts; and
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new text begin (6) standards ensuring the independent, competent, and efficient representation of clients
whose cases present conflicts of interest.
new text end

new text begin (e) The head appellate counsel, with approval of the board, shall establish training
program standards and processes and procedures necessary to carry out the office's
responsibilities for statewide training of parent attorneys, including but not limited to
establishing uniform practice standards and training requirements for all parent attorneys
practicing in the state.
new text end

new text begin (f) The head appellate counsel and the program administrator with approval of the board
shall establish processes and procedures for collaborating with the Department of Human
Services to secure and utilize Title IV-E funds and communicating with counties and Tribes
and any other processes and procedures necessary to carry out the office's responsibilities.
new text end

new text begin (g) The board may:
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new text begin (1) propose statutory changes to the legislature and rule changes to the supreme court
that are in the best interests of the operation of the appellate counsel for parents program;
and
new text end

new text begin (2) require the reporting of statistical data, budget information, and other cost factors
by the appellate counsel for parents program.
new text end

new text begin Subd. 6. new text end

new text begin Limitation. new text end

new text begin In no event shall the board or its members interfere with the
discretion, judgment, or zealous advocacy of counsel in their handling of individual cases
as a part of the judicial branch of government.
new text end

new text begin Subd. 7. new text end

new text begin Budget; county and Tribe use. new text end

new text begin The establishment of the office and its
employees and support staff and the board shall be funded by the state of Minnesota.
Minnesota counties and Tribes may utilize this office to provide appellate representation
to indigent parents in their jurisdiction who are seeking an appeal and for assistance in
securing Title IV-E funding through collaboration with the Department of Human Services.
new text end

new text begin Subd. 8. new text end

new text begin Collection of costs; appropriation. new text end

new text begin If any of the costs provided by appellate
counsel are assessed and collected or otherwise reimbursed from any source, payments shall
be transferred to the commissioner of management and budget for deposit in the special
revenue fund and credited to a separate account for the State Board of Appellate Counsel
and Training. The amount credited to this account is appropriated to the State Board of
Appellate Counsel and Training. The balance of this account does not cancel but is available
until expended.
new text end

Sec. 2. new text begin APPELLATE COUNSEL FOR PARENTS; SUPPORT FOR
ESTABLISHMENT.
new text end

new text begin The Department of Administration shall provide technical support for the establishment
of the Statewide Office of Appellate Counsel and Training and the State Board of Appellate
Counsel and Training established under Minnesota Statutes, section 260C.419, including
identifying or acquiring appropriate space and equipment to support the operation of the
office and the board.
new text end