SF 1154

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:42am

A bill for an act
relating to public safety; modifying provisions providing for representation by a
public defender; amending Minnesota Statutes 2010, sections 611.14; 611.16;
611.18; 611.27, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, section 611.14, is amended to read:

611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.

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 crime,
including a person charged under sections 629.01 to 629.29, or a person eligible under
section 611.18;

(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; or

(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.

Sec. 2.

Minnesota Statutes 2010, section 611.16, is amended to read:

611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.

Any person described in section 611.14 or any other person charged with a criminal
offense entitled by law the state or the United States Constitution to representation by
counsel, 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 clause (2) of section 611.14, clause (2), application for the
appointment of a public defender may also be made to a judge of the Supreme Court.

Sec. 3.

Minnesota Statutes 2010, 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 at all further stages of the proceeding through appeal, if any. 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, clause (2), and 611.25, subdivision 1, paragraph (a), clause (2), the state
chief appellate public defender shall be appointed. For a person covered by appealing
from all other convictions or proceedings under section 611.14, clause (1), a (3), or (4), or
responding to a pretrial appeal, or a person pursuing a postconviction proceeding who
has not already had a direct appeal of the conviction, the chief district public defender
shall be appointed to represent that person in the appeal. 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. If
at any stage of the proceedings, including an appeal, 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.

Sec. 4.

Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:

Subd. 5.

District public defender budgets and county payment responsibility.

The board of public defense may only shall fund all those items and services in necessary
for the district public defender budgets which were included in the original budgets of
district public defender offices as of January 1, 1990. All other public defense related
costs remain the responsibility of the counties unless the state specifically appropriates
for these. The cost of additional state funding of these items and services must be offset
by reductions in local aids in the same manner as the original state takeover to satisfy
its obligations under this chapter. Counties shall not pay and no court shall order any
county to pay for representation of individuals charged with a crime unless the county has
established a program for representation in criminal matters.