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SF 1678

as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2012 03:27pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public defenders; amending provisions related to public defender
representation, appointment, and reimbursement obligations; outlining financial
responsibility for public defender costs, cost for counsel in CHIPS cases,
pretrial appeals costs, and standby counsel costs; establishing an appellate
process working group; amending Minnesota Statutes 2010, sections 244.052,
subdivision 6; 244.11, subdivision 1; 257.69, subdivision 1; 260B.163,
subdivision 4; 260B.331, subdivision 5; 260C.163, subdivision 3; 260C.331,
subdivision 5; 609.115, subdivision 4; 609.131, subdivision 1; 611.14; 611.16;
611.17; 611.18; 611.20, subdivision 4; 611.215, subdivision 2; 611.26,
subdivision 6; 611.27, subdivision 5, by adding a subdivision; repealing
Minnesota Statutes 2010, sections 611.20, subdivision 6; 611.27, subdivision 15.

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

Section 1.

Minnesota Statutes 2010, section 244.052, subdivision 6, is amended to read:


Subd. 6.

Administrative review.

(a) An offender assigned or reassigned to
risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek
administrative review of an end-of-confinement review committee's risk assessment
determination. The offender must exercise this right within 14 days of receiving notice
of the committee's decision by notifying the chair of the committee. Upon receiving the
request for administrative review, the chair shall notify: (1) the offender; (2) the victim
or victims of the offender's offense who have requested disclosure or their designee; (3)
the law enforcement agency that investigated the offender's crime of conviction or, where
relevant, the law enforcement agency having primary jurisdiction where the offender was
committed; (4) the law enforcement agency having jurisdiction where the offender expects
to reside, providing that the release plan has been approved by the hearings and release
unit of the department of corrections; and (5) any other individuals the chair may select.
The notice shall state the time and place of the hearing. A request for a review hearing
shall not interfere with or delay the notification process under subdivision 4 or 5, unless
the administrative law judge orders otherwise for good cause shown.

(b) An offender who requests a review hearing must be given a reasonable
opportunity to prepare for the hearing. The review hearing shall be conducted on the
record before an administrative law judge. The review hearing shall be conducted at
the correctional facility in which the offender is currently confined. If the offender no
longer is incarcerated, the administrative law judge shall determine the place where the
review hearing will be conducted. The offender has the burden of proof to show, by a
preponderance of the evidence, that the end-of-confinement review committee's risk
assessment determination was erroneous. The attorney general or a designee shall defend
the end-of-confinement review committee's determination. The offender has the right to
be present deleted text beginand be represented by counsel at the hearingdeleted text end, to present evidence in support
of the offender's position, to call supporting witnesses and to cross-examine witnesses
testifying in support of the committee's determination. deleted text beginCounsel for indigent offenders
shall be provided by the Legal Advocacy Project of the state public defender's office.
deleted text end

(c) After the hearing is concluded, the administrative law judge shall decide
whether the end-of-confinement review committee's risk assessment determination
was erroneous and, based on this decision, shall either uphold or modify the review
committee's determination. The judge's decision shall be in writing and shall include
the judge's reasons for the decision. The judge's decision shall be final and a copy of it
shall be given to the offender, the victim, the law enforcement agency, and the chair of
the end-of-confinement review committee.

(d) The review hearing is subject to the contested case provisions of chapter 14.

(e) The administrative law judge may seal any portion of the record of the
administrative review hearing to the extent necessary to protect the identity of a victim of
or witness to the offender's offense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, and applies to review
hearings requested on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 244.11, subdivision 1, is amended to read:


Subdivision 1.

Generally.

An appeal to the Court of Appeals may be taken by the
defendant or the state from any sentence imposed or stayed by the district court according
to the Rules of Criminal Procedure for the district court of Minnesotanew text begin, except for any felony
committed on or after August 1, 2012, the appellate court shall not review any sentence
that is within the presumptive sentencing range under the Sentencing Guidelines
new text end. Except
as otherwise provided in subdivision 3, a dismissal or a resolution of an appeal brought
under this section shall not prejudice an appeal brought under any other section or rule.

Sec. 3.

Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:


Subdivision 1.

Representation by counsel.

In all proceedings under sections
257.51 to 257.74, any party may be represented by counsel. The county attorney shall
represent the public authority. The court shall appoint counsel for a party who is unable to
pay timely for counsel in proceedings under sections 257.51 to 257.74.new text begin The representation
of appointed counsel is limited in scope to the issue of establishment of parentage.
new text end

Sec. 4.

Minnesota Statutes 2010, section 260B.163, subdivision 4, is amended to read:


Subd. 4.

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. This right does not apply to a child who is charged with a juvenile petty offense
as defined in section 260B.007, subdivision 16, unless the child is charged with a third
or subsequent juvenile alcohol or controlled substance offense and may be subject to the
alternative disposition described in section 260B.235, subdivision 6.

(b) The court shall appoint counsel, or standby counsel if the child waives the right
to counsel, for a child who is:

(1) charged by delinquency petition with a gross misdemeanor or felony offense; or

(2) the subject of a delinquency proceeding in which out-of-home placement has
been proposed.

(c) If they desire counsel but are unable to employ it, the court shall appoint counsel
to represent the child or the parents or guardian in any case in which it feels that such an
appointment is appropriate, except a juvenile petty offender who does not have the right to
counsel under paragraph (a).new text begin If the court appoints standby counsel, the cost of counsel
shall be paid for by the Office of the State Court Administrator or, if the prosecutor
requests the appointment, by the governmental unit conducting the prosecution. In no
event may the court order the Board of Public Defense to pay the cost of standby counsel.
new text end

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

Sec. 5.

Minnesota Statutes 2010, section 260B.331, subdivision 5, is amended to read:


Subd. 5.

Attorneys fees.

In proceedings in which the court has appointed counsel
pursuant to section 260B.163, subdivision 4, deleted text beginfor a minor unable to employ counsel,deleted text end the
court may inquire into the ability of the parents to pay for such counsel's services and,
after giving the parents a reasonable opportunity to be heard, may order the parents to
pay attorneys feesnew text begin or reimburse the state for expenses incurred. The court may order
full or partial payment or reimbursement
new text end.

Sec. 6.

Minnesota Statutes 2010, 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
courtnew text begin as provided in this subdivisionnew text end.

(b) Except in proceedings where the sole basis for the petition is habitual truancydeleted text begin,
if the child, parent, guardian, or custodian desires counsel but is unable to employ it
deleted text endnew text begin or
the child is ten years of age or older with counsel appointed under sections 260B.163,
subdivision 4, and 611.14
new text end, the court shall appointnew text begin, at public expense,new text end counsel to represent
the child deleted text beginwho is ten years of age or older or the parents or guardian in any case in
which it feels that such an appointment is appropriate
deleted text endnew text begin, parent, guardian, or custodian if
the person would be financially unable to obtain counsel under the guidelines set forth
in section 611.17
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 deleted text begina public
defender or other
deleted text end counsel at public expense. However, before any out-of-home placement,
including foster care or inpatient treatment, can be ordered, the court must appoint deleted text begina
public defender or other
deleted text end counsel at public expense in accordance with deleted text beginparagraph (b)deleted text endnew text begin
this subdivision
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 (f) Court-appointed counsel under this subdivision is at county expense. The court
shall appoint only one counsel at public expense to jointly represent the interests of the
child, parent, guardian, and custodian subject to the jurisdiction of the court unless,
upon petition of a party, the court determines and makes written findings on the record
that extraordinary circumstances exist that require counsel to be appointed to represent
a separate interest of the child, or other parents, guardians, or custodians subject to the
jurisdiction of the juvenile court. The court shall appoint counsel retained by the county
to provide representation in juvenile court proceedings unless the court finds there is
a conflict of interest. Upon a finding of conflict of interest, the county shall contract
with competent counsel to provide the necessary representation. The county board must
consult with the chief judge of the judicial district or the judge's designee before retaining
counsel under this paragraph.
new text end

new text begin (g) Counsel retained by the county under paragraph (f) must meet at least one of
the following qualifications: (1) has a minimum of two years' experience handling child
protection cases; (2) has a minimum of ten hours' training in handling child protection
cases from a course or courses certified by the Supreme Court; or (3) is supervised by an
attorney who meets the minimum qualifications under clause (1) or (2).
new text end

Sec. 7.

Minnesota Statutes 2010, section 260C.331, subdivision 5, is amended to read:


Subd. 5.

Attorneys fees.

In proceedings in which the court has appointed counsel
pursuant to section 260C.163, subdivision 3, deleted text beginfor a minor unable to employ counsel,deleted text end the
court may inquire into the ability of the parents to pay for such counsel's services and,
after giving the parents a reasonable opportunity to be heard, may order the parents to
pay attorneys feesnew text begin or reimburse the county for expenses incurred. The court may order
full or partial payment or reimbursement
new text end.

Sec. 8.

Minnesota Statutes 2010, section 609.115, subdivision 4, is amended to read:


Subd. 4.

Confidential sources of information.

new text begin(a) new text endAny report made pursuant to
subdivision 1 shall be, if written, provided to counsel for all parties before sentence.
The written report shall not disclose confidential sources of information unless the
court otherwise directs. On the request of the prosecuting attorney or the defendant's
attorney a summary hearing in chambers shall be held on any matter brought in issue,
but confidential sources of information shall not be disclosed unless the court otherwise
directs. If the presentence report is given orally the defendant or the defendant's attorney
shall be permitted to hear the report.

new text begin (b) Any report made under subdivision 1 or 2 shall be provided to counsel for
the defendant for purposes of representing the defendant on any appeal or petition for
postconviction relief. The reports shall be provided by the court and the commissioner of
corrections at no cost to the defendant or the defendant's attorney.
new text end

Sec. 9.

Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:


Subdivision 1.

General rule.

Except as provided in subdivision 2, an alleged
misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
believes that it is in the interest of justice that the defendant not be imprisoned if convicted
and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
and the court approves of the certification motion.new text begin Prior to the appointment of a public
defender to represent a defendant charged with a misdemeanor, the court shall inquire of
the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
new text end
The defendant's consent to the certification is not required. When an offense is certified
as a petty misdemeanor under this section, the deleted text begindefendant's eligibility for court-appointed
counsel must be evaluated as though the offense were a misdemeanor
deleted text endnew text begin defendant is not
eligible for the appointment of a public defender
new text end.

Sec. 10.

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 including a
person charged under sections 629.01 to 629.29;

(2) a person appealing from a conviction of a felony deleted text beginordeleted text endnew text begin,new text end gross misdemeanor,new text begin or
misdemeanor,
new text end or a person convicted of a felony deleted text beginordeleted text endnew text begin,new text end gross misdemeanor,new text begin or misdemeanor,new text end
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 4deleted text begin, or 260C.163, subdivision 3deleted text end.

Sec. 11.

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 deleted text beginor 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. deleted text beginIn 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.
deleted text end

Sec. 12.

Minnesota Statutes 2010, section 611.17, is amended to read:


611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.

(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:

(1) the defendantdeleted text begin, or any dependent of the defendant who resides in the same
household as the defendant, receives means-tested governmental benefits; or
deleted text endnew text begin is charged
with a misdemeanor and has an annual household income not greater than 125 percent of
the poverty guidelines updated periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of United States Code,
title 42, section 9902(2);
new text end

new text begin (2) the defendant is charged with a gross misdemeanor and has an annual household
income not greater than 150 percent of the poverty guidelines updated periodically in the
Federal Register by the United States Department of Health and Human Services under
the authority of United States Code, title 42, section 9902(2);
new text end

new text begin (3) the defendant is charged with a felony and has an annual household income not
greater than 175 percent of the poverty guidelines updated periodically in the Federal
Register by the United States Department of Health and Human Services under the
authority of United States Code, title 42, section 9902(2); or
new text end

deleted text begin (2)deleted text endnew text begin (4) the court determines thatnew text end the defendant, through any combination of liquid
assets and current income, would be unable to pay the reasonable costs charged by private
counsel in that judicial district for a defense of the same matter.

(b) Upon a request for the appointment of counsel, the court shall makenew text begin annew text end
appropriate deleted text begininquiry into thedeleted text endnew text begin determination ofnew text end financial deleted text begincircumstancesdeleted text endnew text begin eligibility under
paragraph (a)
new text end of the applicant, who shall submit a financial statement under oath or
affirmation setting forth the applicant's assets and liabilities, including the value of any
real property owned by the applicant, whether homestead or otherwise, less the amount of
any encumbrances on the real property, the source or sources of income, and any other
information required by the court. The applicant shall be under a continuing duty while
represented by a public defender to disclose any changes in the applicant's financial
circumstances deleted text beginthat might be relevant to the applicant's eligibility for a public defenderdeleted text end.
The state public defender shall furnish appropriate forms for the financial statementsnew text begin,
which must be used by the district courts throughout the state
new text end. The forms must contain
conspicuous notice of the applicant's continuing duty to disclose to the court changes in the
applicant's financial circumstances. The forms must also contain conspicuous notice of the
applicant's obligation to make a co-payment for the services of the district public defender,
as specified under paragraph (c). The information contained in the statement shall be
confidential and for the exclusive use of the court and the public defender deleted text beginappointed by
the court to represent the applicant
deleted text end except for any prosecution under section 609.48. A
refusal to execute the financial statement or produce financial records constitutes a waiver
of the right to the appointment of a public defender. The court shall not appoint a deleted text begindistrictdeleted text end
public defender to a defendant who is financially able to retain private counsel but refuses
to do sonew text begin, refuses to execute the financial statement or refuses to provide information
necessary to determine financial eligibility under this section, or waives the appointment
of a public defender under section 611.19
new text end.

An inquiry to determine financial eligibility of a defendant for the appointment of
the district public defender shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may be combined with the
prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
subdivision 3. In no case shall the district public defender be required to perform this
inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
conduct a financial inquiry. The inquiry must include the following:

(1) the liquidity of real estate assets, including the defendant's homestead;

(2) any assets that can be readily converted to cash or used to secure a debt;

(3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and

(4) the value of all property transfers occurring on or after the date of the alleged
offense. The burden is on the accused to show that the accused is financially unable
to afford counsel. Defendants who fail to provide information necessary to determine
eligibility shall be deemed ineligible. The court must not appoint the district public
defender as advisory counselnew text begin or standby counsel. If the court appoints advisory or standby
counsel, the cost of counsel shall be paid for by the Office of the State Court Administrator
or, if the prosecutor requests the appointment, by the governmental unit conducting the
prosecution. In no event may the court order the Board of Public Defense to pay the cost
of advisory or standby counsel
new text end.

(c) Upon disposition of the case, an individual who has received public defender
services shall pay to the court a $75 co-payment for representation provided by a public
defender, unless the co-payment is, or has been,new text begin reduced in part ornew text end waived by the court.

The co-payment must be credited to the general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this section must
not be made a condition of probation. The co-payment required by this section is a civil
obligation and must not be made a condition of a criminal sentence.

Sec. 13.

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 deleted text beginappropriatedeleted text end public defender to
represent the person deleted text beginat all further stages of the proceeding through appeal, if anydeleted 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 611.14new text begin, clause (2),new text end and 611.25, subdivision 1, paragraph (a), clause (2), the
deleted text begin statedeleted text endnew text begin chief appellatenew text end public defender shall be appointed. For a person covered by section
611.14, clause (1)new text begin, (3), or (4)new text end, deleted text beginadeleted text endnew text begin the chiefnew text end district public defender shall be appointed to
represent that person. deleted text beginIf (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 proceedingsdeleted 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 deleted text beginappropriatedeleted text end 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. 14.

Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:


Subd. 4.

Employed defendantsnew text begin; ability to paynew text end.

new text begin(a) new text endA court shall order a defendant
who is employed when a public defender is appointed, or who becomes employed while
represented by a public defender,new text begin or who is or becomes able to make partial payments
for counsel,
new text end to reimburse the state for the cost of the public defender. If reimbursement
is required under this subdivision, the court shall order the reimbursement when a
public defender is first appointed or as soon as possible after the court determines that
reimbursement is required. The court may accept partial reimbursement from the
defendant if the defendant's financial circumstances warrant a reduced reimbursement
schedule. deleted text beginThe court may consider the guidelines in subdivision 6 in determining a
defendant's reimbursement schedule.
deleted text end If a defendant does not agree to make payments,
the court may order the defendant's employer to withhold a percentage of the defendant's
income to be turned over to the court. deleted text beginThe percentage to be withheld may be determined
under subdivision 6
deleted text endnew text begin In determining the percentage to be withheld, the court shall consider
the income and assets of the defendant based on the financial statement provided by the
defendant when applying for the public defender under section 611.17
new text end.

new text begin (b) If a court determines under section 611.17 that a defendant is financially unable to
pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
the court shall evaluate the defendant's ability to make partial payments or reimbursement.
new text end

Sec. 15.

Minnesota Statutes 2010, section 611.215, subdivision 2, is amended to read:


Subd. 2.

Duties and responsibilities.

(a) The board shall approve and recommend
to the legislature a budget for the board, the office of state public defender, the judicial
district public defenders, and the public defense corporations.

(b) The board shall establish procedures for distribution of state funding under this
chapter to the state and district public defenders and to the public defense corporations.

(c) The state public defender with the approval of the board shall establish standards
for the offices of the state and district public defenders and for the conduct of all appointed
counsel systems. The standards must include, but are not limited to:

(1) standards needed to maintain and operate an office of public defender including
requirements regarding the qualifications, training, and size of the legal and supporting
staff for a public defender or appointed counsel system;

(2) standards for public defender caseloads;

(3) standards and procedures for the eligibility for appointment, assessment, and
collection of the costs for legal representation provided by public defenders or appointed
counsel;

(4) standards for contracts between a board of county commissioners and a county
public defender system for the legal representation of indigent persons;

(5) standards prescribing minimum qualifications of counsel appointed under the
board's authority or by the courts; and

(6) standards ensuring the independent, competent, and efficient representation of
clients whose cases present conflicts of interest, in both the trial and appellate courts.

(d) The board may require the reporting of statistical data, budget information, and
other cost factors by the state and district public defenders and appointed counsel systems.

new text begin (e) The board shall establish a reasonable reimbursement rate for attorney fees
and costs associated with the representation of public defender clients for appeals by
a prosecuting attorney of a pretrial order from a district court under section 611.27,
subdivision 16.
new text end

Sec. 16.

Minnesota Statutes 2010, section 611.26, subdivision 6, is amended to read:


Subd. 6.

Persons defended.

The district public defender shall represent, without
charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when so
directed by the district court. The district public defender shall also represent a minor ten
years of age or older in the juvenile court when so directed by the juvenile courtnew text begin under
section 260B.163, subdivision 4
new text end. The district public defender must not serve as advisory
counselnew text begin or standby counselnew text end. The juvenile court may not order the district public defender
to represent a minor who is under the age of ten years, to serve as a guardian ad litem, or
to represent a guardian ad litem.

Sec. 17.

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


Subd. 5.

District public defender budgetsnew text begin and county payment responsibilitynew text end.

The Board of Public Defense deleted text beginmay only fund those items and services in 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
deleted text endnew text begin is solely responsible to
provide counsel in adult criminal and juvenile delinquency cases, as specified under
section 611.14. The court shall not appoint counsel at county expense for representation
under section 611.14, except as provided in section 611.26, subdivision 3a, paragraph (c)
new text end.

Sec. 18.

Minnesota Statutes 2010, section 611.27, is amended by adding a subdivision
to read:


new text begin Subd. 16. new text end

new text begin Appeal by prosecuting attorney; attorney fees. new text end

new text begin When a prosecuting
attorney appeals to the Court of Appeals, in any criminal case, from any pretrial order
of the district court, reasonable attorney fees and costs incurred shall be allowed to the
defendant on the appeal which shall be paid by the governmental unit responsible for the
prosecution involved. If the defendant is represented by a public defender in district court,
the fees and costs for an attorney who is hired for purposes of representing the defendant
in an appeal by the prosecuting attorney of a pretrial order shall be paid in accordance
with the reimbursement rate established by the board of public defense under section
611.215, subdivision 2, paragraph (e).
new text end

Sec. 19. new text beginAPPELLATE PROCESS WORKING GROUP.
new text end

new text begin The state public defender is requested to convene a working group to study and make
policy recommendations for improving the appellate process, including evaluating types of
cases appropriate for discretionary or mandatory appellate review and identifying possible
cost efficiencies in the appellate process. The state public defender is requested to serve
as chair and invite the following organizations to designate three representatives each to
serve on the working group: (1) the Board of Public Defense; (2) the Minnesota County
Attorneys' Association; (3) the attorney general's office; (4) the Minnesota Association
of Criminal Defense Lawyers; (5) the Minnesota Association of City Attorneys; and (6)
the Minnesota Association of Verbatim Reporters and Captioners. The working group is
requested to submit its report and recommendations to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
the judiciary by January 15, 2013.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 611.20, subdivision 6; and 611.27, subdivision
15,
new text end new text begin are repealed.
new text end