SF 2725

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public defense; limiting representation by 
  1.3             public defenders and court-appointed counsel to minors 
  1.4             who are ten years of age or older; amending Minnesota 
  1.5             Statutes 1998, section 611.26, subdivision 6; 
  1.6             Minnesota Statutes 1999 Supplement, sections 260C.163, 
  1.7             subdivision 3; and 611.14. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.10  260C.163, subdivision 3, is amended to read: 
  1.11     Subd. 3.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
  1.12  guardian or custodian has the right to effective assistance of 
  1.13  counsel in connection with a proceeding in juvenile court. 
  1.14     (b) If they desire counsel but are unable to employ it, the 
  1.15  court shall appoint counsel to represent the child who is ten 
  1.16  years of age or older or the parents or guardian in any case in 
  1.17  which it feels that such an appointment is appropriate.  
  1.18     (c) Counsel for the child shall not also act as the child's 
  1.19  guardian ad litem.  
  1.20     (d) In any proceeding where the subject of a petition for a 
  1.21  child in need of protection or services is not represented by an 
  1.22  attorney, the court shall determine the child's preferences 
  1.23  regarding the proceedings, if the child is of suitable age to 
  1.24  express a preference.  
  1.25     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  1.26  611.14, is amended to read: 
  2.1      611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
  2.2      The following persons who are financially unable to obtain 
  2.3   counsel are entitled to be represented by a public defender: 
  2.4      (1) a person charged with a felony, gross misdemeanor, or 
  2.5   misdemeanor including a person charged under sections 629.01 to 
  2.6   629.29; 
  2.7      (2) a person appealing from a conviction of a felony or 
  2.8   gross misdemeanor, or a person convicted of a felony or gross 
  2.9   misdemeanor, who is pursuing a postconviction proceeding and who 
  2.10  has not already had a direct appeal of the conviction; 
  2.11     (3) a person who is entitled to be represented by counsel 
  2.12  under section 609.14, subdivision 2; or 
  2.13     (4) a minor ten years of age or older who is entitled to be 
  2.14  represented by counsel under section 260B.163, subdivision 4, or 
  2.15  260C.163, subdivision 3. 
  2.16     Sec. 3.  Minnesota Statutes 1998, section 611.26, 
  2.17  subdivision 6, is amended to read: 
  2.18     Subd. 6.  [PERSONS DEFENDED.] The district public defender 
  2.19  shall represent, without charge, a defendant charged with a 
  2.20  felony, a gross misdemeanor, or misdemeanor when so directed by 
  2.21  the district court.  The district public defender shall also 
  2.22  represent a minor ten years of age or older in the juvenile 
  2.23  court when so directed by the juvenile court.  The juvenile 
  2.24  court may not order the district public defender to represent a 
  2.25  minor who is under the age of ten years, to serve as a guardian 
  2.26  ad litem, or to represent a guardian ad litem.