SF 3235

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/13/2023 08:19am

A bill for an act
relating to judiciary; increasing reimbursement amount for attorney fees and other
necessary services provided to indigent defendants; amending Minnesota Statutes
2022, sections 611.21; 611.27, subdivision 16.

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

Section 1.

Minnesota Statutes 2022, section 611.21, is amended to read:

611.21 SERVICES OTHER THAN COUNSEL.

(a) Counsel appointed by the court for an indigent defendant, or representing a defendant
who, at the outset of the prosecution, has an annual income not greater than 125 percent of
the poverty line established under United States Code, title 42, section 9902(2), may file
an ex parte application requesting investigative, expert, interpreter, or other services necessary
to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte
proceeding, that the services are necessary and that the defendant is financially unable to
obtain them, the court shall authorize counsel to obtain the services on behalf of the
defendant. The court may establish a limit on the amount which may be expended or promised
for such services. The court may, in the interests of justice, and upon a finding that timely
procurement of necessary services could not await prior authorization, ratify such services
after they have been obtained, but such ratification shall be given only in unusual situations.
The court shall determine reasonable compensation for the services and direct payment by
the county in which the prosecution originated, to the organization or person who rendered
them, upon the filing of a claim for compensation supported by an affidavit specifying the
time expended, services rendered, and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same services from any other source.

(b) The compensation to be paid to a person for such service rendered to a defendant
under this section, or to be paid to an organization for such services rendered by an employee,
may not exceed deleted text begin $1,000 deleted text end new text begin $5,000 new text end , exclusive of reimbursement for expenses reasonably incurred,
unless payment in excess of that limit is certified by the court as necessary to provide fair
compensation for services of an unusual character or duration and the amount of the excess
payment is approved by the chief judge of the district. The chief judge of the judicial district
may delegate approval authority to an active district judge.

(c) If the court denies authorizing counsel to obtain services on behalf of the defendant,
the court shall make written findings of fact and conclusions of law that state the basis for
determining that counsel may not obtain services on behalf of the defendant. When the court
issues an order denying counsel the authority to obtain services, the defendant may appeal
immediately from that order to the court of appeals and may request an expedited hearing.

Sec. 2.

Minnesota Statutes 2022, section 611.27, subdivision 16, is amended to read:

Subd. 16.

Appeal by prosecuting attorney; attorney fees.

(a) 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 in accordance with paragraph (b).

(b) By January 15, 2013, and every year thereafter, the chief judge of the judicial district,
after consultation with city and county attorneys, the chief public defender, and members
of the private bar in the district, shall establish a reimbursement rate for attorney fees and
costs associated with representation under paragraph (a). The compensation to be paid to
an attorney for such service rendered to a defendant under this subdivision may not exceed
deleted text begin $5,000 deleted text end new text begin $10,000 new text end , exclusive of reimbursement for expenses reasonably incurred, unless
payment in excess of that limit is certified by the chief judge of the district as necessary to
provide fair compensation for services of an unusual character or duration.