1997 Minnesota Statutes

     611.27 Financing the offices of district public defender.

    Subdivision 1.    County payment responsibility.  (a) 
 The total compensation and expenses, including office equipment 
 and supplies, of the district public defender are to be paid by 
 the county or counties comprising the judicial district. 

    (b) A district public defender shall annually submit a 
 comprehensive budget to the state board of public defense.  The 
 budget shall be in compliance with standards and forms required 
 by the board and must, at a minimum, include detailed 
 substantiation as to all revenues and expenditures.  The 
 district public defender shall, at times and in the form 
 required by the board, submit reports to the board concerning 
 its operations, including the number of cases handled and funds 
 expended for these services. 

    Within ten days after an assistant district public defender 
 is appointed, the district public defender shall certify to the 
 state board of public defense the compensation that has been 
 recommended for the assistant.  

    (c) The state board of public defense shall transmit the 
 proposed budget of each district public defender to the 
 respective district court administrators and county budget 
 officers for comment before the board's final approval of the 
 budget.  The board shall determine and certify to the respective 
 county boards a final comprehensive budget for the office of the 
 district public defender that includes all expenses.  After the 
 board determines the allocation of the state funds authorized 
 pursuant to paragraph (e), the board shall apportion the 
 expenses of the district public defenders among the several 
 counties and each county shall pay its share in monthly 
 installments.  The county share is the proportion of the total 
 expenses that the population in the county bears to the total 
 population in the district as determined by the last federal 
 census.  If the district public defender or an assistant 
 district public defender is temporarily transferred to a county 
 not situated in that public defender's judicial district, said 
 county shall pay the proportionate part of that public 
 defender's expenses for the services performed in said county.  

    (d) Reimbursement for actual and necessary travel expenses 
 in the conduct of the office of the district public defender 
 shall be charged to either (1) the general expenses of the 
 office, (2) the general expenses of the district for which the 
 expenses were incurred if outside the district, or (3) the 
 office of the state public defender if the services were 
 rendered for that office. 

    (e) Money appropriated to the state board of public defense 
 for the board's administration, for the state public defender, 
 for the judicial district public defenders, and for the public 
 defense corporations shall be expended as determined by the 
 board.  In distributing funds to district public defenders, the 
 board shall consider the geographic distribution of public 
 defenders, the equity of compensation among the judicial 
 districts, public defender case loads, and the results of the 
 weighted case load study.  

    Subd. 2.    State board of public defense; designation of 
 host county.  The state board of public defense, after 
 receiving an appropriation from the legislature for payment of 
 district public defender costs, shall designate the county 
 officials of one county within the district as a host county to 
 reimburse the expenses of the district public defender.  A 
 county selected by the board must serve as the designee.  The 
 county share assessed under subdivision 1 against each county of 
 the district must be paid to the county treasurer of the 
 designated county.  The board may reimburse the designated 
 county for extra costs incurred.  

    Subd. 3.    Transcript use.  If the state public 
 defender or a district public defender deems it necessary to 
 make a motion for a new trial, to take an appeal, or other 
 postconviction proceedings in order to properly represent a 
 defendant or other person whom that public defender had been 
 directed to represent, that public defender may use the 
 transcripts of the testimony and other proceedings filed with 
 the court administrator of the district court as provided by 
 section 243.49. 

    Subd. 4.    County portion of costs.  That portion of 
 subdivision 1 directing counties to pay the costs of public 
 defense service shall not be in effect after January 1, 1995.  
 This subdivision only relates to costs associated with felony, 
 gross misdemeanor, juvenile, and misdemeanor public defense 
 services.  Notwithstanding the provisions of this subdivision, 
 in the first, fifth, seventh, ninth, and tenth judicial 
 districts, the cost of juvenile and misdemeanor public defense 
 services for cases opened prior to January 1, 1995, shall remain 
 the responsibility of the respective counties in those 
 districts, even though the cost of these services may occur 
 after January 1, 1995. 

    Subd. 5.    District public defender budgets.  The board 
 of public defense may only fund those items and services in 
 district public defender budgets which were included in the 
 original budgets of district public defender offices as of 
 January 1, 1990.  All other public defense related costs remain 
 the responsibility of the counties unless the state specifically 
 appropriates for these.  The cost of additional state funding of 
 these items and services must be offset by reductions in local 
 aids in the same manner as the original state takeover.  

    Subd. 6.    District public defenders; reporting cases.  
 The state board of public defense shall adopt and implement a 
 uniform system for reporting of hours and cases by district 
 public defenders.  District public defenders shall provide 
 whatever assistance the board requires in order to implement 
 this reporting system.  

    Subd. 7.    Public defender services; responsibility.  
 Notwithstanding subdivision 4, the state's obligation for the 
 costs of the public defender services is limited to the 
 appropriations made to the board of public defense.  Services 
 and expenses in cases where adequate representation cannot be 
 provided by the district public defender shall be the 
 responsibility of the state board of public defense. 

    Subd. 8.    Public defender services; state public 
 defender review.  In a case where the chief district public 
 defender does not believe that the office can provide adequate 
 representation, the chief public defender of the district shall 
 immediately notify the state public defender. 

    Subd. 9.    Public defender services; request to the 
 court.  The chief district public defender with the approval 
 of the state public defender may request that the chief judge of 
 the district court, or a district court judge designated by the 
 chief judge, authorize appointment of counsel other than the 
 district public defender in such cases. 

    Subd. 10.    Public defender services; no permanent staff. 
  The chief public defender may not request the court nor may 
 the court order the addition of permanent staff under 
 subdivision 7. 

    Subd. 11.    Public defender services; appointment of 
 counsel.  If the court finds that the provision of adequate 
 legal representation, including associated services, is beyond 
 the ability of the district public defender to provide, the 
 court shall order counsel to be appointed, with compensation and 
 expenses to be paid under the provisions of this subdivision and 
 subdivision 7.  Counsel in such cases shall be appointed by the 
 chief district public defender.  If the court issues an order 
 denying the request, the court shall make written findings of 
 fact and conclusions of law.  Upon denial, the chief district 
 public defender may immediately appeal the order denying the 
 request to the court of appeals and may request an expedited 
 hearing.  

    Subd. 12.    Public defender services; compensation and 
 expenses.  Counsel appointed under this subdivision shall 
 document the time worked and expenses incurred in a manner 
 prescribed by the chief district public defender. 

    Subd. 13.    Public defense services; correctional 
 facility inmates.  All billings for services rendered and 
 ordered under subdivision 7 shall require the approval of the 
 chief district public defender before being forwarded on a 
 monthly basis to the state public defender.  In cases where 
 adequate representation cannot be provided by the district 
 public defender and where counsel has been appointed under a 
 court order, the state public defender shall forward to the 
 commissioner of finance all billings for services rendered under 
 the court order.  The commissioner shall pay for services from 
 county criminal justice aid retained by the commissioner of 
 revenue for that purpose under section 477A.0121, subdivision 4. 

    The costs of appointed counsel and associated services in 
 cases arising from new criminal charges brought against indigent 
 inmates who are incarcerated in a Minnesota state correctional 
 facility are the responsibility of the state board of public 
 defense.  In such cases the state public defender may follow the 
 procedures outlined in this section for obtaining court-ordered 
 counsel. 

    Subd. 14. Repealed, 1997 c 7 art 2 s 67 

    Subd. 15.    Costs of transcripts.  In appeal cases and 
 postconviction cases where the state public defender's office 
 does not have sufficient funds to pay for transcripts and other 
 necessary expenses because it has spent or committed all of the 
 transcript funds in its annual budget, the state public defender 
 may forward to the commissioner of finance all billings for 
 transcripts and other necessary expenses.  The commissioner 
 shall pay for these transcripts and other necessary expenses 
 from county criminal justice aid retained by the commissioner of 
 revenue under section 477A.0121, subdivision 4. 

    HIST: 1965 c 869 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1987 c 250 s 17,18; 1990 c 604 art 9 s 9; 1991 c 345 art 3 s 
 21-25; 1992 c 513 art 4 s 50-57; 1993 c 146 art 2 s 25; 1994 c 
 636 art 11 s 7; 1995 c 226 art 6 s 14; 1997 c 239 art 12 s 7,8