Minnesota Legislature
HF 1862
as introduced - 94th Legislature (2025 - 2026) Posted on 03/03/2025 02:46pm
Bill Text Versions
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| Introduction | Posted on 03/03/2025 |
Current Version - as introduced
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A bill for an act
relating to judiciary; modifying the organization of the Statewide Office of
Appellate Counsel and Training and the State Board of Appellate Counsel and
Training; modifying salary and employment terms for Statewide Office of Appellate
Counsel and Training attorneys and other employees; amending Minnesota Statutes
2024, section 260C.419, subdivisions 2, 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 260C.419, subdivision 2, is amended to read:
Subd. 2.
Statewide Office of Appellate Counsel and Training; establishment.
(a)
The Statewide Office of Appellate Counsel and Training is deleted text begin established as an independent
state officedeleted text end new text begin created as an agency in the executive branch, with powers and duties established
by lawnew text end . The office shall be responsible for:
(1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
(2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
(3) collaborating with the Minnesota Department of Children, Youth, and Families to
coordinate and secure federal Title IV-E support for counties and Tribes interested in
accessing federal funding.
(b) The office shall be governed by a board as provided in subdivision 3.
Sec. 2.
Minnesota Statutes 2024, section 260C.419, subdivision 3, is amended to read:
Subd. 3.
State Board of Appellate Counsel and Training; structure; membership.
(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
(1) four public members appointed by the governor; and
(2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
(b) The appointing authorities may not appoint any of the following to be a member of
the board:
(1) a person who is a judge;
(2) a person who is a registered lobbyist;
(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
(4) a person who serves as counsel for children in juvenile court;
(5) a person under contract with or employed by the Department of Children, Youth,
and Families or a county department of human or social services; or
(6) a current city or county attorney or assistant city or county attorney.
(c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Children, Youth, and
Families, to secure and utilize Title IV-E funding. At least one member of the board appointed
by the governor must be a representative from a federally recognized Indian Tribe. No more
than five members of the board may belong to the same political party. At least three
members of the board shall be from judicial districts other than the First, Second, Fourth,
and Tenth Judicial Districts. To the extent practicable, the membership of the board must
include persons with disabilities, reflect the ethnic diversity of the state, take into
consideration race and gender, and include persons from throughout the state. The members
shall be well acquainted with representing parents in district court and appellate proceedings
related to child protection matters as well as the law that affects a parent attorney's work,
including chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil
Appellate Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family
Preservation Act. The terms, compensation, and removal of members shall be as provided
in section 15.0575. Thenew text begin governor shall designate one member to serve as the initial chair.
Upon the expiration of the initial chair's term, boardnew text end members shall elect a chair from among
the membership and the chair shall serve a term of two years.
Sec. 3.
Minnesota Statutes 2024, section 260C.419, subdivision 4, is amended to read:
Subd. 4.
Head appellate counsel for parents; assistant deleted text begin and contracteddeleted text end attorneys;
other employees.
(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time deleted text begin qualifieddeleted text end attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The deleted text begin compensationdeleted text end new text begin salarynew text end of the head appellate counsel shall be set deleted text begin by the board and shall
be commensurate with county attorneys in the statedeleted text end new text begin according to section 43A.18, subdivision
3new text end .
(b) deleted text begin Consistent with the decisions of the board,deleted text end The head appellate counsel shall employ
deleted text begin assistants or hire independent contractorsdeleted text end new text begin or appoint attorneysnew text end to serve as new text begin assistant new text end appellate
counsel for parents. Each assistant appellate counsel deleted text begin and independent contractordeleted text end serves at
the pleasure of the head appellate counsel. The deleted text begin compensation ofdeleted text end new text begin salary ranges for new text end assistant
appellate counsel deleted text begin and independent contractorsdeleted text end shall be set deleted text begin by the board and shall be
commensurate with county attorneys in the statedeleted text end new text begin in consultation with Minnesota Management
and Budgetnew text end .
(c) A person serving as appellate counsel shall be deleted text begin a qualifieddeleted text end new text begin annew text end attorney licensed to
practice law in this state. A person serving as appellate counsel practicing in Tribal court
shall be a licensed attorney qualified to practice law in Tribal courts in the state. Assistant
appellate counsel and contracted appellate counsel may engage in the general practice of
law where not employed or contracted to provide services on a full-time basis.
(d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
(1) one managing appellate attorney;
(2) two staff attorneys;
(3) one director of training;
(4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Children, Youth, and Families; and
(5) one office administrator.
(e) deleted text begin Each employeedeleted text end new text begin All attorneysnew text end identified in paragraph (d) deleted text begin servesdeleted text end new text begin servenew text end at the pleasure
of the head appellate counsel. deleted text begin Thedeleted text end new text begin Other employees shall serve in the classified service.
new text end Compensation deleted text begin of each employeedeleted text end new text begin for all employeesnew text end shall be set by the board deleted text begin and shall be
commensurate with county attorneys in the state.deleted text end new text begin in accordance with the collective bargaining
agreements or compensation plans covering the terms and conditions for executive branch
employees.
new text end
(f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
(g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.