SF 1018

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to public defense; providing for public defender representation for
juveniles, children in need of protection, and other persons; amending Minnesota
Statutes 2008, sections 260C.163, subdivision 3; 260C.331, subdivision 3;
611.14; 611.16; 611.18.

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

Section 1.

Minnesota Statutes 2008, section 260C.163, subdivision 3, is amended to
read:

Subd. 3.

Appointment of counsel.

(a) The child, parent, guardian or custodian has
the right to effective assistance of counsel in connection with a proceeding in juvenile
court.

(b) Except in proceedings where the sole basis for the petition is habitual truancy, if
the child, parent, guardian, or custodian desires counsel but is unable to employ it, the
court shall appoint counsel to represent the child who is ten years of age or older or the
parents or guardian deleted text begin in any case in which it feels that such an appointment is appropriate deleted text end new text begin
pursuant to section 611.14 new text end .

(c) In any proceeding where the sole basis for the petition is habitual truancy, the
child, parent, guardian, and custodian do not have the right to appointment of a public
defender or other counsel at public expense. However, before any out-of-home placement,
including foster care or inpatient treatment, can be ordered, the court must appoint a public
defender deleted text begin or other counsel at public expense in accordance with paragraph (b) deleted text end new text begin for the child
in accordance with section 611.14, paragraph (a), clause (4) new text end .

(d) Counsel for the child shall not also act as the child's guardian ad litem.

(e) In any proceeding where the subject of a petition for a child in need of
protection or services is not represented by an attorney, the court shall determine the
child's preferences regarding the proceedings, if the child is of suitable age to express
a preference.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 260C.331, subdivision 3, is amended to read:

Subd. 3.

Court expenses.

new text begin (a) new text end The following expenses are a charge upon the county
in which proceedings are held upon certification of the judge of juvenile court or upon
such other authorization provided by law:

(1) the fees and mileage of witnesses, and the expenses and mileage of officers
serving notices and subpoenas ordered by the court, as prescribed by law;

(2) the expense of transporting a child to a place designated by a child-placing agency
for the care of the child if the court transfers legal custody to a child-placing agency;

(3) the expense of transporting a minor to a place designated by the court; new text begin and
new text end

(4) deleted text begin reasonable compensation for an attorney appointed by the court to serve as
counsel, except in the Eighth Judicial District where the state courts shall pay for
counsel to a guardian ad litem until the recommendations of the task force created in
Laws 1999, chapter 216, article 7, section 42, are implemented deleted text end new text begin the reimbursement to the
Board of Public Defense for trial court representation of noncustodial parents from the
time that the noncustodial parent is made a party to the child protection proceedings, or
permanent placement proceedings under section 260C.201, subdivision 11, paragraph
(d). Compensation for attorney services shall be set at a rate of $60 per hour. The
public defender shall provide itemized billing for time spent related to representation
of noncustodial parents, signed by the attorney and verified by the chief district public
defender, to the county responsible for reimbursement. Funds collected by the board shall
be deposited in the special revenue fund and are appropriated to the board and do not
cancel. The provisions of this clause do not apply to the Fourth Judicial District new text end .

new text begin (b) new text end The state courts shall pay for guardian ad litem expenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 611.14, is amended to read:

611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.

new text begin (a) new text end The following persons who are financially unable to obtain counsel are entitled
to be represented by a public defender:

(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
person charged under sections 629.01 to 629.29;

(2) a person appealing from a conviction of a felony or gross misdemeanor, or
a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
proceeding and who has not already had a direct appeal of the conviction;

(3) a person who is entitled to be represented by counsel under section 609.14,
subdivision 2; deleted text begin or deleted text end

(4) a minor ten years of age or older who is entitled to be represented by counsel
under section 260B.163, subdivision 4, or 260C.163, subdivision 3 deleted text begin . deleted text end new text begin ; new text end

new text begin (5) a child under ten years of age who commits a delinquent act which is the sole
basis for a petition filed by the county attorney and any out-of-home placement including
foster care or inpatient treatment is being sought;
new text end

new text begin (6) a custodial parent or parents who are entitled to counsel in juvenile court under
section 260C.163, subdivision 3, pursuant to a petition filed by a county attorney, or, if
there is no parent, the guardian or the custodian of the child, but in cases governed by
the Indian Child Welfare Act, the district public defender may represent both parents
regardless of whether they have custody of the child, or may represent the guardian or
custodian of the child; or
new text end

new text begin (7) a noncustodial parent made a party to a child protection proceeding, or permanent
placement proceeding under section 260C.201, subdivision 11, paragraph (d), the cost of
which will be reimbursed under section 260C.331, subdivision 3, paragraph (a), clause (4).
new text end

new text begin (b) The Board of Public Defense must not provide or pay for public defender
services to persons other than those entitled to representation under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 611.16, is amended to read:

611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.

Any person described in section 611.14 deleted text begin or any other person entitled by law to
representation by counsel, deleted text end may at any time request the court in which the matter is
pending, or the court in which the conviction occurred, to appoint a public defender to
represent the person. In a proceeding defined by deleted text begin clause (2) of deleted text end section 611.14, new text begin paragraph
(a), clause (2), new text end application for the appointment of a public defender may also be made
to a judge of the Supreme Court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 5.

Minnesota Statutes 2008, section 611.18, is amended to read:

611.18 APPOINTMENT OF PUBLIC DEFENDER.

If it appears to a court that a person requesting the appointment of counsel satisfies
the requirements of this chapter, the court shall order the appropriate public defender to
represent the person deleted text begin at all further stages of the proceeding through appeal, if any deleted text end . For a
person appealing from a conviction, or a person pursuing a postconviction proceeding
and who has not already had a direct appeal of the conviction, according to the standards
of sections 611.14 new text begin , paragraph (a), clause (2), new text end and 611.25, subdivision 1, paragraph (a),
clause (2), the state public defender shall be appointed. For a person covered by section
611.14, new text begin paragraph (a), new text end clause (1), new text begin (3), (4), (5), (6), or (7), new text end a district public defender shall be
appointed to represent that person. deleted text begin If (a) conflicting interests exist, (b) the district public
defender for any other reason is unable to act, or (c) the interests of justice require, the state
public defender may be ordered to represent a person. When the state public defender is
directed by a court to represent a defendant or other person, the state public defender may
assign the representation to any district public defender. deleted text end If at any stage of the proceedings deleted text begin ,
including an appeal, deleted text end the court finds that the defendant is financially unable to pay counsel
whom the defendant had retained, the court may appoint the appropriate public defender
to represent the defendant, as provided in this section. Prior to any court appearance, a
public defender may represent a person accused of violating the law, who appears to be
financially unable to obtain counsel, and shall continue to represent the person unless it
is subsequently determined that the person is financially able to obtain counsel. The
representation may be made available at the discretion of the public defender, upon the
request of the person or someone on the person's behalf. Any law enforcement officer may
notify the public defender of the arrest of any such person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end