SF 2999

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

  1.1                          A bill for an act 
  1.2             relating to civil legal services; requesting the task 
  1.3             force to study conflicts of interest arising when 
  1.4             legal aid offices provide representation to indigent 
  1.5             persons; amending Laws 1999, chapter 216, article 7, 
  1.6             section 42. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Laws 1999, chapter 216, article 7, section 42, 
  1.9   is amended to read: 
  1.10     Subdivision 1.  [TASK FORCE; GOALS.] The supreme court is 
  1.11  requested to establish a task force to study and make 
  1.12  recommendations regarding a system for funding and administering 
  1.13  court-appointed attorney functions in civil cases, including 
  1.14  attorneys and related personnel for civil commitments and 
  1.15  proceedings under Minnesota Statutes, chapter 253B, child 
  1.16  protection cases, paternity cases, guardianship or 
  1.17  conservatorship cases, and other civil proceedings where 
  1.18  indigent persons are entitled to court-appointed counsel.  The 
  1.19  task force is also requested to study alternatives for providing 
  1.20  counsel to indigent persons who would otherwise qualify for 
  1.21  legal aid but for the fact that a legal aid office already 
  1.22  represents a party to an action and that representation creates 
  1.23  a conflict that cannot be waived by the person seeking 
  1.24  representation.  The task force shall consider conflict 
  1.25  alternatives for all actions, including those not requiring 
  1.26  court-appointed counsel, and shall give special consideration to 
  2.1   address conflicts in rural areas including a possible rule 
  2.2   change and screening mechanism that would allow a legal aid 
  2.3   office to serve both parties who qualify for services.  The goal 
  2.4   of the task force is to design a system that is independent from 
  2.5   court and county administration and funding and that promotes 
  2.6   equal access to justice and equal representation for indigent 
  2.7   persons across the state. 
  2.8      Subd. 2.  [RECOMMENDATIONS; REPORT.] (a) The task force 
  2.9   shall consider options that address the goals in subdivision 1, 
  2.10  including: 
  2.11     (1) creation of an independent court-appointed attorney 
  2.12  board to manage civil court-appointed attorney functions; and 
  2.13     (2) a rule change that would allow a legal aid office to 
  2.14  represent both parties to an action if they each qualify for the 
  2.15  services; and 
  2.16     (3) other options identified by the task force. 
  2.17     (b) The supreme court is requested to report to the 
  2.18  legislature by January 15, 2001, with the report and 
  2.19  recommendations of the task force.  The supreme court is 
  2.20  requested to disband the task force January 15, 2001.