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SF 3013

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/07/2023 10:51am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to judiciary; increasing the membership of the State Board of Public
Defense; amending Minnesota Statutes 2022, section 611.215, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 611.215, subdivision 1, is amended to read:


Subdivision 1.

Structure; membership.

(a) The State Board of Public Defense is a part
of, but is not subject to the administrative control of, the judicial branch of government.
The State Board of Public Defense shall consist of deleted text begin sevendeleted text end new text begin ninenew text end members including:

(1) four attorneys admitted to the practice of law, well acquainted with the defense of
persons accused of crime, but not employed as prosecutors, appointed by the supreme courtnew text begin ,
of which one must be a retired or former public defender within the past five yearsnew text end ; and

(2) deleted text begin threedeleted text end new text begin fivenew text end public members appointed by the governor.

The appointing authorities may not appoint a person who is a judge to be a member of
the State Board of Public Defense, other than as a member of the ad hoc Board of Public
Defense.

(b) All members shall demonstrate an interest in maintaining a high quality, independent
defense system for those who are unable to obtain adequate representation. Appointments
to the board shall include qualified women and members of minority groups. At least three
members of the board shall be from judicial districts other than the First, Second, Fourth,
and Tenth Judicial Districts. The terms, compensation, and removal of members shall be
as provided in section 15.0575. The chair shall be elected by the members from among the
membership for a term of two years.

(c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc
board when considering the appointment of district public defenders under section 611.26,
subdivision 2. The terms of chief district public defenders currently serving shall terminate
in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.