SF 1678

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public defense; providing for public defender representation for
certain minors and persons; removing certain provisions requiring mandatory
representation by the public defender; amending Minnesota Statutes 2006,
sections 611.14; 611.16; 611.18.

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

Section 1.

Minnesota Statutes 2006, 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, but if the person
pled guilty and received a presumptive sentence or a downward departure in sentence,
and the state public defender reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then the state public defender may
decline to represent the person in a postconviction remedy case;

(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 ; except that in cases
where the child is under ten years of age and the child's misbehavior 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, the public defender may represent the child but
must not represent the parents or any other party in the case; or new text end

new text begin (5) a custodial parent who is entitled to counsel 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, except that 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.
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. If,
however, a custodial parent does not qualify financially for representation by a public
defender under paragraph (a), clause (5), the board may provide one public defender to
represent a financially qualified party in the case, but in no event shall more than one
public defender be provided in that proceeding, other than for the children.
new text end

Sec. 2.

Minnesota Statutes 2006, 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 clause (2) of section 611.14, application for the
appointment of a public defender may also be made to a judge of the Supreme Court.

Sec. 3.

Minnesota Statutes 2006, 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 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), or (5), 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, 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.