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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 357-S.F.No. 2725 
                  An act relating to public defense; limiting 
                  representation by public defenders and court-appointed 
                  counsel to minors who are ten years of age or older; 
                  amending Minnesota Statutes 1998, section 611.26, 
                  subdivision 6; Minnesota Statutes 1999 Supplement, 
                  sections 260C.163, subdivision 3; and 611.14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        260C.163, subdivision 3, is amended to read: 
           Subd. 3.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
        guardian or custodian has the right to effective assistance of 
        counsel in connection with a proceeding in juvenile court. 
           (b) If they desire counsel but are unable to employ it, the 
        court shall appoint counsel to represent the child who is ten 
        years of age or older or the parents or guardian in any case in 
        which it feels that such an appointment is appropriate.  
           (c) Counsel for the child shall not also act as the child's 
        guardian ad litem.  
           (d) In any proceeding where the subject of a petition for a 
        child in need of protection or services is not represented by an 
        attorney, the court shall determine the child's preferences 
        regarding the proceedings, if the child is of suitable age to 
        express a preference.  
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        611.14, is amended to read: 
           611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
           The following persons who are financially unable to obtain 
        counsel are entitled to be represented by a public defender: 
           (1) a person charged with a felony, gross misdemeanor, or 
        misdemeanor including a person charged under sections 629.01 to 
        629.29; 
           (2) a person appealing from a conviction of a felony or 
        gross misdemeanor, or a person convicted of a felony or gross 
        misdemeanor, who is pursuing a postconviction proceeding and who 
        has not already had a direct appeal of the conviction; 
           (3) a person who is entitled to be represented by counsel 
        under section 609.14, subdivision 2; or 
           (4) a minor ten years of age or older who is entitled to be 
        represented by counsel under section 260B.163, subdivision 4, or 
        260C.163, subdivision 3. 
           Sec. 3.  Minnesota Statutes 1998, section 611.26, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PERSONS DEFENDED.] The district public defender 
        shall represent, without charge, a defendant charged with a 
        felony, a gross misdemeanor, or misdemeanor when so directed by 
        the district court.  The district public defender shall also 
        represent a minor ten years of age or older in the juvenile 
        court when so directed by the juvenile court.  The juvenile 
        court may not order the district public defender to represent a 
        minor who is under the age of ten years, to serve as a guardian 
        ad litem, or to represent a guardian ad litem. 
           Presented to the governor April 6, 2000 
           Signed by the governor April 10, 2000, 2:56 p.m.