1997 Minnesota Statutes

CHAPTER 611. Rights of accused

     611.01 Ground of arrest, knowledge.  

    Every person arrested by virtue of process, or taken into 
 custody by an officer, has a right to know from such officer the 
 true ground of arrest; and every such officer who shall refuse 
 to answer relative thereto, or shall answer untruly, or neglect 
 on request to exhibit to the arrested person, or to any person 
 acting in the arrested person's behalf, the precept by virtue of 
 which such arrest is made, shall be punished by a fine not 
 exceeding $3,000, or by imprisonment in the county jail not 
 exceeding one year.  

    HIST: (9951) RL s 4783; 1984 c 628 art 3 s 11; 1986 c 444 

     611.02 Presumption of innocence; conviction of lowest 
  degree, when.  

    Every defendant in a criminal action is presumed innocent 
 until the contrary is proved and, in case of a reasonable doubt, 
 is entitled to acquittal; and when an offense has been proved 
 against the defendant, and there exists a reasonable doubt as to 
 which of two or more degrees the defendant is guilty, the 
 defendant shall be convicted only of the lowest.  

    HIST: (9952) RL s 4784; 1986 c 444 

     611.025 Presumption of responsibility.  

    Except as otherwise provided by law, in every criminal 
 proceeding, a person is presumed to be responsible for the 
 person's acts and bears the burden of rebutting such presumption.

    HIST: (9913) RL s 4754; 1963 c 753 art 2 s 7; 1986 c 444 

     611.026 Criminal responsibility of mentally ill or 
  deficient.  

    No person shall be tried, sentenced, or punished for any 
 crime while mentally ill or mentally deficient so as to be 
 incapable of understanding the proceedings or making a defense; 
 but the person shall not be excused from criminal liability 
 except upon proof that at the time of committing the alleged 
 criminal act the person was laboring under such a defect of 
 reason, from one of these causes, as not to know the nature of 
 the act, or that it was wrong.  

    HIST: (9915) RL s 4756; 1971 c 352 s 1; 1986 c 444 

     611.03 Conviction.  

    No person indicted for any offense shall be convicted 
 thereof, unless by admitting the truth of the charge in a 
 demurrer, or plea, by confession in open court, or by verdict of 
 a jury, accepted and recorded by the court.  

    HIST: (9953) RL s 4785; 1986 c 444 

     611.033 Copy of confession or admission. 

    A statement, confession, or admission in writing shall not 
 be received in evidence in any criminal proceeding against any 
 defendant unless within a reasonable time of the taking thereof 
 the defendant is furnished with a copy thereof and which 
 statement, confession, or admission shall have endorsed thereon 
 or attached thereto the receipt of the accused or certification 
 of a peace officer which shall state that a copy thereof has 
 been received by or made available to the accused.  Nothing in 
 this section requires that a videotape, audiotape, or transcript 
 of a tape be given to the defendant at the time the statement, 
 confession, or admission is made or within a reasonable time 
 thereafter, provided that the videotape or audiotape is 
 available to the defendant or the defendant's attorney for 
 review within a reasonable time of the defendant's arrest, as 
 well as in discovery pursuant to the rules of criminal procedure.

    HIST: 1951 c 263 s 1; 1951 c 284 s 1; 1979 c 258 s 20; 1986 c 
 435 s 11 

  611.04 Repealed, 1979 c 233 s 42 

     611.05 Continuance; effect; bail.  

    When the defendant is not indicted or tried as herein 
 provided, and good reasons therefor are shown, the court may 
 order the action continued from term to term, and in the 
 meantime commit the defendant, or, in case the offense is 
 bailable, admit the defendant to bail, on the defendant's 
 furnishing satisfactory sureties.  When the action is dismissed, 
 the defendant shall be discharged from custody, or, if admitted 
 to bail, the bail shall be exonerated, and, if money has been 
 deposited for bail, that shall be refunded.  

    HIST: (9955) RL s 4787; 1986 c 444 

     611.06 Defendant entitled to blank subpoenas. 

    The court administrator of the court in which any 
 indictment is to be tried shall at all times, upon application 
 of a defendant not represented by counsel, and without charge, 
 issue as many blank subpoenas, under the seal of the court, and 
 subscribed by the court administrator as court administrator, 
 for witnesses in the state, as are approved by order of court as 
 provided by rule 22.01, subdivision 3, of the rules of criminal 
 procedure and required by the defendant. 

    Issuance of subpoenas shall not require court approval if 
 defendant is represented by counsel.  

    HIST: (9956) RL s 4788; 1979 c 233 s 25; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82 

  611.07 Repealed, 1989 c 335 art 1 s 270; art 3 s 57 

  611.071 Repealed, 1989 c 335 art 1 s 270; art 3 s 57 

  611.08 Repealed, 1979 c 233 s 42 

  611.09 Repealed, 1963 c 753 art 2 s 17 

  611.10 Repealed, 1963 c 753 art 2 s 17 

     611.11 No presumption from failure to testify.  

    The defendant in the trial of an indictment, complaint, or 
 other criminal proceeding shall, at the defendant's own request 
 and not otherwise, be allowed to testify; but failure to testify 
 shall not create any presumption against the defendant, nor 
 shall it be alluded to by the prosecuting attorney or by the 
 court.  

    HIST: (9815) RL s 4661; 1986 c 444 

  611.12 Repealed, 1989 c 335 art 3 s 57 subd 2 

  611.13 Repealed, 1969 c 838 s 7 

     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 or gross 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; 

    (4) a minor who is entitled to be represented by counsel 
 under section 260.155, subdivision 2, if the judge of the 
 juvenile court concerned has requested and received the approval 
 of a majority of the district court judges of the judicial 
 district to utilize the services of the public defender in such 
 cases, and approval of the compensation on a monthly, hourly, or 
 per diem basis to be paid for such services under section 
 260.251, subdivision 2, clause (e); or 

    (5) a person, entitled by law to be represented by counsel, 
 charged with an offense within the trial jurisdiction of a 
 district court, if the trial judge or a majority of the trial 
 judges of the court concerned have requested and received 
 approval of a majority of the district court judges of the 
 judicial district to utilize the services of the public defender 
 in such cases and approval of the compensation on a monthly, 
 hourly, or per diem basis to be paid for such services by the 
 county within the court's jurisdiction. 

    HIST: 1965 c 869 s 1; 1969 c 655 s 1; 1976 c 2 s 153; 1983 c 
 247 s 213; 1987 c 384 art 2 s 111; 1991 c 345 art 3 s 2 

     611.15 Notification of right to representation. 

    In every criminal case or proceeding, including a juvenile 
 delinquency or extended jurisdiction juvenile proceeding, in 
 which any person entitled by law to representation by counsel 
 shall appear without counsel, the court shall advise such person 
 of the right to be represented by counsel and that counsel will 
 be appointed to represent the person if the person is 
 financially unable to obtain counsel.  

    HIST: 1965 c 869 s 2; 1986 c 444; 1994 c 576 s 50 

     611.16 Request for appointment of public defender.  

    Any person described in section 611.14 or any other person 
 entitled by law to representation by counsel, may at any time 
 request the court in which the matter is pending, or the court 
 in which the conviction occurred, to appoint a public defender 
 to represent the person.  In a proceeding defined by clause (2) 
 of section 611.14, application for the appointment of a public 
 defender may also be made to a judge of the supreme court.  

    HIST: 1965 c 869 s 3; 1986 c 444 

     611.17 Financial inquiry; statements. 

    (a) Each judicial district must screen requests under 
 paragraph (b).  

    (b) Upon a request for the appointment of counsel, the 
 court shall make appropriate inquiry into the financial 
 circumstances of the applicant, who shall submit a financial 
 statement under oath or affirmation setting forth the 
 applicant's assets and liabilities, including the value of any 
 real property owned by the applicant, whether homestead or 
 otherwise, less the amount of any encumbrances on the real 
 property, the source or sources of income, and any other 
 information required by the court.  The applicant shall be under 
 a continuing duty while represented by a public defender to 
 disclose any changes in the applicant's financial circumstances 
 that might be relevant to the applicant's eligibility for a 
 public defender.  The state public defender shall furnish 
 appropriate forms for the financial statements.  The forms must 
 contain conspicuous notice of the applicant's continuing duty to 
 disclose to the court changes in the applicant's financial 
 circumstances.  The information contained in the statement shall 
 be confidential and for the exclusive use of the court and the 
 public defender appointed by the court to represent the 
 applicant except for any prosecution under section 609.48.  A 
 refusal to execute the financial statement or produce financial 
 records constitutes a waiver of the right to the appointment of 
 a public defender. 

    HIST: 1965 c 869 s 4; 1983 c 359 s 91; 1986 c 444; 1989 c 335 
 art 1 s 260; 1991 c 345 art 3 s 3; 1993 c 146 art 2 s 19; 1994 c 
 636 art 11 s 3; 1995 c 226 art 2 s 24 

     611.18 Appointment of public defender. 

    If it appears to a court that a person requesting the 
 appointment of counsel satisfies the requirements of this 
 chapter, the court shall order the appropriate public defender 
 to represent the person at all further stages of the proceeding 
 through appeal, if any.  For a person appealing from a 
 conviction, or a person pursuing a postconviction proceeding and 
 who has not already had a direct appeal of the conviction, the 
 state public defender shall be appointed.  For a person covered 
 by section 611.14, clause (1), a district public defender shall 
 be appointed to represent that person.  If (a) conflicting 
 interests exist, (b) the district public defender for any other 
 reason is unable to act, or (c) the interests of justice 
 require, the state public defender may be ordered to represent a 
 person.  When the state public defender is directed by a court 
 to represent a defendant or other person, the state public 
 defender may assign the representation to any district public 
 defender.  If at any stage of the proceedings, including an 
 appeal, the court finds that the defendant is financially unable 
 to pay counsel whom the defendant had retained, the court may 
 appoint the appropriate public defender to represent the 
 defendant, as provided in this section.  Prior to any court 
 appearance, a public defender may represent a person accused of 
 violating the law, who appears to be financially unable to 
 obtain counsel, and shall continue to represent the person 
 unless it is subsequently determined that the person is 
 financially able to obtain counsel.  The representation may be 
 made available at the discretion of the public defender, upon 
 the request of the person or someone on the person's behalf.  
 Any law enforcement officer may notify the public defender of 
 the arrest of any such person.  

    HIST: 1965 c 869 s 5; 1969 c 655 s 2; 1983 c 247 s 214; 1986 c 
 444; 1991 c 345 art 3 s 4 

     611.19 Waiver of appointment of counsel. 

    Where counsel is waived by a defendant, the waiver shall in 
 all instances be made in writing, signed by the defendant, 
 except that in such situation if the defendant refuses to sign 
 the written waiver, then the court shall make a record 
 evidencing such refusal of counsel.  Waiver of counsel by a 
 child who is the subject of a delinquency or extended 
 jurisdiction juvenile proceeding is governed by section 260.155, 
 subdivisions 2 and 8. 

    HIST: 1965 c 869 s 6; 1994 c 576 s 51 

     611.20 Subsequent ability to pay counsel. 

    Subdivision 1.    Court determination.  If at any time 
 after the state public defender or a district public defender 
 has been directed to act, the court having jurisdiction in the 
 matter is satisfied that the defendant or other person is 
 financially able to obtain counsel, the court shall terminate 
 the appointment of the public defender.  The judicial district 
 may investigate the financial status of a defendant or other 
 person for whom a public defender has been appointed and may act 
 to collect payments directed by the court. 

    If at any time after appointment a public defender should 
 have reason to believe that a defendant is financially able to 
 obtain counsel or to make partial payment for counsel, it shall 
 be the public defender's duty to so advise the court so that 
 appropriate action may be taken. 

    Subd. 2.    Partial payment.  If the court determines 
 that the defendant is able to make partial payment, the court 
 shall direct the partial payments to the state general fund.  
 Payments directed by the court to the state shall be recorded by 
 the court administrator who shall transfer the payments to the 
 state treasurer. 

    Subd. 3.    Reimbursement.  In each fiscal year, the 
 state treasurer shall deposit the first $180,000 in the general 
 fund. Payments in excess of $180,000 shall be deposited in the 
 general fund and credited to a separate account with the board 
 of public defense.  The amount credited to this account is 
 appropriated to the board of public defense. 

    The balance of this account does not cancel but is 
 available until expended.  Expenditures by the board from this 
 account for each judicial district public defense office must be 
 based on the amount of the payments received by the state from 
 the courts in each judicial district. 

    Subd. 4.    Employed defendants.  A defendant who is 
 employed when a public defender is appointed, or who becomes 
 employed while represented by a public defender, shall reimburse 
 the state for the cost of the public defender.  The court may 
 accept partial reimbursement from the defendant if the 
 defendant's financial circumstances warrant a reduced 
 reimbursement schedule.  The court may consider the guidelines 
 in subdivision 6 in determining a defendant's reimbursement 
 schedule.  If a defendant does not agree to make payments, the 
 court may order the defendant's employer to withhold a 
 percentage of the defendant's income to be turned over to the 
 court.  The percentage to be withheld may be determined under 
 subdivision 6. 

    Subd. 5.    Reimbursement rate.  Legal fees required to 
 be reimbursed under subdivision 4, shall be determined by 
 multiplying the total number of hours worked on the case by a 
 public defender by $30 per hour.  The public defender assigned 
 to the defendant's case shall provide to the court, upon the 
 court's request, a written statement containing the total number 
 of hours worked on the defendant's case up to the time of the 
 request. 

    Subd. 6.    Reimbursement schedule guidelines.  In 
 determining a defendant's reimbursement schedule, the court may 
 derive a specific dollar amount per month by multiplying the 
 defendant's net income by the percent indicated by the following 
 guidelines: 

    

 Net Income Per           Number of Dependents 
 Month of Defendant       Not Including Defendant 
                          4 or      3        2      1     0  
                          more                      
 $200 and Below           Percentage based on the ability of 
                          the defendant to pay as determined 
                          by the court. 
 $200 - 350                8%      9.5%    11%     12.5% 14%
 $351 - 500                9%     11%      12.5%   14%   15%
 $501 - 650               10%     12%      14%     15%   17%
 $651 - 800               11%     13.5%    15.5%   17%   19%
 $801 and above           12%     14.5%    17%     19%   20%

    "Net income" shall have the meaning given it in section 
 518.551, subdivision 5. 

    Subd. 7.    Income withholding.  (a) Whenever an 
 obligation for reimbursement of public defender costs is ordered 
 by a court under this section, the amount of reimbursement as 
 determined by court order must be withheld from the income of 
 the person obligated to pay.  The court shall serve a copy of 
 the reimbursement order on the defendant's employer.  
 Notwithstanding any law to the contrary, the order is binding on 
 the employer when served.  Withholding must begin no later than 
 the first pay period that occurs after 14 days following the 
 date of the notice.  The employer shall withhold from the income 
 payable to the defendant the amount specified in the order and 
 shall remit, within ten days of the date the defendant is paid 
 the remainder of the income, the amounts withheld to the court. 

    (b) An employer shall not discharge, or refuse to hire, or 
 otherwise discipline an employee as a result of a wage or salary 
 withholding authorized by this section.  The employer shall be 
 liable to the court for any amounts required to be withheld.  An 
 employer that fails to withhold or transfer funds in accordance 
 with this section is also liable for interest on the funds at 
 the rate applicable to judgments under section 549.09, computed 
 from the date the funds were required to be withheld.  An 
 employer that has failed to comply with the requirements of this 
 section is subject to contempt of court. 

    (c) Amounts withheld under this section do not supersede or 
 have priority over amounts withheld pursuant to other sections 
 of law. 

    HIST: 1965 c 869 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1990 
 c 604 art 9 s 5; 1991 c 345 art 3 s 5; 1993 c 146 art 2 s 20,31; 
 1994 c 636 art 11 s 4; 1995 c 226 art 2 s 25-29,36 

     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, 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 $1,000, 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. 

    HIST: 1965 c 869 s 8; 1969 c 9 s 91; 1986 c 444; 1989 c 335 
 art 1 s 261; 1994 c 636 art 8 s 14 

  611.214 Repealed, 1989 c 335 art 3 s 57 subd 2 

     611.215 State board of public defense created. 

    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 seven 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 court; and 

    (2) three public members appointed by the governor. 

    After the expiration of the terms of persons appointed to 
 the board before March 1, 1991, 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. 

    Subd. 1a.    Chief administrator.  The state public 
 defender shall appoint a chief administrator who must be chosen 
 solely on the basis of training, experience, and other 
 qualifications, and who will serve at the pleasure of the state 
 public defender.  The chief administrator need not be licensed 
 to practice law.  The chief administrator shall attend all 
 meetings of the board, but may not vote, and shall: 

    (1) enforce all resolutions, rules, regulations, or orders 
 of the board; 

    (2) present to the board and the state public defender 
 plans, studies, and reports prepared for the board's and the 
 state public defender's purposes and recommend to the board and 
 the state public defender for adoption measures necessary to 
 enforce or carry out the powers and duties of the board and the 
 state public defender, or to efficiently administer the affairs 
 of the board and the state public defender; 

    (3) keep the board fully advised as to its financial 
 condition, and prepare and submit to the board its annual budget 
 and other financial information as it may request; 

    (4) recommend to the board the adoption of rules and 
 regulations necessary for the efficient operation of the board 
 and its functions; and 

    (5) perform other duties prescribed by the board and the 
 state public defender. 

    Subd. 2.    Duties and responsibilities.  (a) The board 
 shall approve and recommend to the legislature a budget for the 
 board, the office of state public defender, the judicial 
 district public defenders, and the public defense corporations.  

    (b) The board shall establish procedures for distribution 
 of state funding under this chapter to the state and district 
 public defenders and to the public defense corporations. 

    (c) The state public defender with the approval of the 
 board shall establish standards for the offices of the state and 
 district public defenders and for the conduct of all appointed 
 counsel systems.  The standards must include, but are not 
 limited to: 

    (1) standards needed to maintain and operate an office of 
 public defender including requirements regarding the 
 qualifications, training, and size of the legal and supporting 
 staff for a public defender or appointed counsel system; 

    (2) standards for public defender caseloads; 

    (3) standards and procedures for the eligibility for 
 appointment, assessment, and collection of the costs for legal 
 representation provided by public defenders or appointed 
 counsel; 

    (4) standards for contracts between a board of county 
 commissioners and a county public defender system for the legal 
 representation of indigent persons; 

    (5) standards prescribing minimum qualifications of counsel 
 appointed under the board's authority or by the courts; and 

    (6) standards ensuring the independent, competent, and 
 efficient representation of clients whose cases present 
 conflicts of interest, in both the trial and appellate courts. 

    (d) The board may require the reporting of statistical 
 data, budget information, and other cost factors by the state 
 and district public defenders and appointed counsel systems. 

    Subd. 3.    Limitation.  In no event shall the board or 
 its members interfere with the discretion, judgment or zealous 
 advocacy of counsel in their handling of individual cases as a 
 part of the judicial branch of government.  

    Subd. 4. Repealed, 1991 c 345 art 3 s 30 

    HIST: 1981 c 356 s 360; 1985 c 285 s 49; 1986 c 444; 1987 c 
 250 s 2-4; 1988 c 686 art 1 s 73; 1989 c 335 art 1 s 262; 1990 c 
 604 art 9 s 6; 1990 c 612 s 12; 1991 c 345 art 3 s 6-8 

     611.216 Criminal and juvenile defense grants. 

    Subdivision 1.    Eligible recipients.  The board of 
 public defense shall establish procedures for public defense 
 corporations based in this state to apply for funding by the 
 legislature.  The applications must be submitted to the board. 
 The board must review and prioritize them and include a 
 recommended funding level for each corporation in the budget 
 request the board submits to the legislature.  Money 
 appropriated to provide criminal and juvenile defense to 
 indigent individuals must be distributed by the board of public 
 defense to the nonprofit criminal and juvenile defense 
 corporations included in the board's budget request or otherwise 
 designated by law.  Money may not be disbursed to a corporation 
 in the Leech Lake reservation area or the White Earth 
 reservation area without prior approval by the respective 
 reservation tribal council.  A corporation may accept cases 
 involving felony, gross misdemeanor, and misdemeanor charges, 
 and juvenile cases if financial eligibility standards are met, 
 unless there is a legal or ethical reason for rejecting a case.  
 A corporation may accept cases arising outside its geographic 
 area of responsibility, as appropriate.  Each corporation, in 
 order to ensure broad support, shall provide matching money 
 received from nonstate sources, which may include money or 
 in-kind contribution from federal agencies, local governments, 
 private agencies, and community groups, equal to ten percent of 
 its state appropriation.  The board of public defense shall give 
 notice 30 days in advance and conduct a hearing if it has 
 reasonable grounds to believe money appropriated for this 
 purpose is being improperly used, or if it has reasonable cause 
 to believe criminal and juvenile defense of proper quality is 
 not being supplied.  Payment must cease from the date of notice 
 until either the board of public defense determines that the 
 money appropriated will be properly handled, or the board of 
 public defense determines that criminal and juvenile defense of 
 proper quality will be provided.  A participating corporation 
 may give notice at any time of its withdrawal from this program 
 of financial assistance. 

    Subd. 1a.    Indian child welfare defense corporation 
 grants.  (a) The board of public defense shall establish 
 procedures for accepting applications for funding from an Indian 
 child welfare defense corporation located in the American Indian 
 community.  The board must consult with the Minnesota Indian 
 affairs council before making a grant under this subdivision.  

    (b) An "Indian child welfare defense corporation" refers to 
 an American Indian nonprofit law corporation, having an American 
 Indian majority on its board of directors, specializing 
 primarily in providing culturally appropriate legal services to 
 indigent clients or tribal representatives involved in a case 
 governed by the Indian Child Welfare Act, United States Code, 
 title 25, section 1901 et seq., or the Minnesota Indian family 
 preservation act, sections 257.35 to 257.3579. 

    (c) An Indian child welfare defense corporation is a 
 "public defense corporation" for the purposes of sections 611.14 
 to 611.271. 

    Subd. 2.    Discrimination; penalty.  An employee, 
 administrator, officer, contractor, or agent of a recipient of 
 the money provided by this section who discriminates on the 
 basis of sex, race, color, national origin, religion, or creed 
 is guilty of a gross misdemeanor.  

    Subd. 3.    Report.  Each corporation shall submit 
 reports showing, at a minimum, the number of clients served, the 
 number of charges brought, the number of cases of each kind, 
 such as felonies, gross misdemeanors, misdemeanors, and juvenile 
 delinquencies, the number of dispositions of each kind, such as 
 jury trials, court trials, guilty pleas, and dismissals, the 
 number of court appearances, and financial data.  

    Subd. 4.    Audits.  The legislative auditor may conduct 
 periodic postaward audits of these grants as may be requested by 
 the board of public defense and approved by the legislative 
 audit commission. 

    HIST: 1984 c 544 s 86; 1Sp1985 c 13 s 367,368; 1987 c 250 s 
 5-7; 1993 c 146 art 2 s 21; 1997 c 7 art 2 s 62 

  611.22 Repealed, 1987 c 250 s 20 

     611.23 Office of state public defender; appointment; 
  salary. 

    The state public defender is responsible to the state board 
 of public defense.  The state public defender shall be appointed 
 by the state board of public defense for a term of four years, 
 except as otherwise provided in this section, and until a 
 successor is appointed and qualified.  The state public defender 
 shall be a full-time qualified attorney, licensed to practice 
 law in this state, serve in the unclassified service of the 
 state, and be removed only for cause by the appointing 
 authority.  Vacancies in the office shall be filled by the 
 appointing authority for the unexpired term.  The salary of the 
 state public defender shall be fixed by the state board of 
 public defense but must not exceed the salary of the chief 
 deputy attorney general.  Terms of the state public defender 
 shall commence on July 1.  The state public defender shall 
 devote full time to the performance of duties and shall not 
 engage in the general practice of law.  

    HIST: 1965 c 869 s 10; 1967 c 696 s 2; 1981 c 356 s 361; 1986 
 c 444; 1987 c 250 s 8; 1991 c 345 art 3 s 9 

     611.24 Organization of office; assistants. 

    The state public defender shall supervise the operation, 
 activities, policies and procedures of the state public defender 
 system.  The state public defender shall employ or retain 
 assistant state public defenders, a chief administrator, a 
 deputy state public defender in charge of appellate services, 
 and other personnel as may be necessary to discharge the 
 functions of the office.  An assistant state public defender 
 shall be a qualified attorney, licensed to practice law in this 
 state, serve in the unclassified service of the state if 
 employed, and serve at the pleasure of the appointing authority 
 at a salary or retainer fee not to exceed reasonable 
 compensation for comparable services performed for other 
 governmental agencies or departments.  Retained or part-time 
 employed assistant state public defenders may engage in the 
 general practice of law. 

    HIST: 1965 c 869 s 11; 1978 c 540 s 1; 1981 c 356 s 362; 1987 
 c 250 s 9; 1988 c 686 art 1 s 74; 1991 c 345 art 3 s 10 

     611.25 Powers; duties; limitations. 

    Subdivision 1.    Representation.  (a) The state public 
 defender shall represent, without charge: 

    (1) a defendant or other person appealing from a conviction 
 of a felony or gross misdemeanor; 

    (2) 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; and 

    (3) a child who is appealing from a delinquency 
 adjudication or from an extended jurisdiction juvenile 
 conviction. 

    (b) The state public defender may represent, without 
 charge, all other persons pursuing a postconviction remedy under 
 section 590.01, who are financially unable to obtain counsel.  

    (c) The state public defender shall represent any other 
 person, who is financially unable to obtain counsel, when 
 directed to do so by the supreme court or the court of appeals, 
 except that the state public defender shall not represent a 
 person in any action or proceeding in which a party is seeking a 
 monetary judgment, recovery or award.  When requested by a 
 district public defender or appointed counsel, the state public 
 defender may assist the district public defender, appointed 
 counsel, or an organization designated in section 611.216 in the 
 performance of duties, including trial representation in matters 
 involving legal conflicts of interest or other special 
 circumstances, and assistance with legal research and brief 
 preparation.  When the state public defender is directed by a 
 court to represent a defendant or other person, the state public 
 defender may assign the representation to any district public 
 defender. 

    Subd. 2. Repealed, 1989 c 335 art 1 s 270; art 3 s 57 

    Subd. 3.    Duties.  The state public defender shall 
 prepare a biennial report to the board and a report to the 
 governor and the supreme court on the operation of the state 
 public defender's office, district defender systems, and public 
 defense corporations.  The biennial report is due on or before 
 the beginning of the legislative session following the end of 
 the biennium.  The state public defender may require the 
 reporting of statistical data, budget information, and other 
 cost factors by the chief district public defenders and 
 appointed counsel systems.  The state public defender shall 
 design and conduct programs for the training of all state and 
 district public defenders, appointed counsel, and attorneys for 
 public defense corporations funded under section 611.26.  The 
 state public defender shall establish policies and procedures to 
 administer the district public defender system, consistent with 
 standards adopted by the state board of public defense. 

    HIST: 1965 c 869 s 12; 1969 c 655 s 3; 1983 c 247 s 215; 1986 
 c 444; 1987 c 250 s 10; 1991 c 345 art 3 s 11,12; 1993 c 146 art 
 2 s 22; 1994 c 576 s 52; 1997 c 7 art 2 s 63 

     611.26 District public defenders. 

    Subdivision 1. Repealed, 1991 c 345 art 3 s 30 

    Subd. 2.    Appointment; terms.  The state board of 
 public defense shall appoint a chief district public defender 
 for each judicial district.  When appointing a chief district 
 public defender, the state board of public defense membership 
 shall be increased to include two residents of the district 
 appointed by the chief judge of the district to reflect the 
 characteristics of the population served by the public defender 
 in that district. The additional members shall serve only in the 
 capacity of selecting the district public defender.  The ad hoc 
 state board of public defense shall appoint a chief district 
 public defender only after requesting and giving reasonable time 
 to receive any recommendations from the public, the local bar 
 association, the judges of the district, and the county 
 commissioners within the district.  Each chief district public 
 defender shall be a qualified attorney, licensed to practice law 
 in this state.  The chief district public defender shall be 
 appointed for a term of four years, beginning January 1, 
 pursuant to the following staggered term schedule:  (1) in 1992, 
 the second and eighth districts; (2) in 1993, the first, third, 
 fourth, and tenth districts; (3) in 1994, the fifth and ninth 
 districts; and (4) in 1995, the sixth and seventh districts.  
 The chief district public defenders shall serve for four-year 
 terms and may be removed for cause upon the order of the state 
 board of public defense.  Vacancies in the office shall be 
 filled by the appointing authority for the unexpired term. 

    Subd. 3.    Compensation.  (a) The compensation of the 
 chief district public defender shall be set by the board of 
 public defense.  The compensation of each assistant district 
 public defender shall be set by the chief district public 
 defender with the approval of the board of public defense.  To 
 assist the board of public defense in determining compensation 
 under this subdivision, counties shall provide to the board 
 information on the compensation of county attorneys, including 
 salaries and benefits, rent, secretarial staff, and other 
 pertinent budget data.  For purposes of this subdivision, 
 compensation means salaries, cash payments, and employee 
 benefits including paid time off and group insurance benefits, 
 and other direct and indirect items of compensation including 
 the value of office space provided by the employer.  

    (b) This subdivision does not limit the rights of public 
 defenders to collectively bargain with their employers. 

    Subd. 3a.    Budget; compensation.  (a) Notwithstanding 
 subdivision 3 or any other law to the contrary, compensation and 
 economic benefit increases for chief district public defenders 
 and assistant district public defenders, who are full-time 
 county employees, shall be paid out of the budget for that 
 judicial district public defender's office. 

    (b) Those budgets for district public defender services 
 under the jurisdiction of the state board of public defense 
 shall be eligible for adjustments to their base budgets in the 
 same manner as other state agencies.  In making biennial budget 
 base adjustments, the commissioner of finance shall consider the 
 budgets for district public defender services, as allocated by 
 the state board of public defense, in the same manner as other 
 state agencies. 

    Subd. 4.    Assistant public defenders.  A chief 
 district public defender shall appoint assistants who are 
 qualified attorneys licensed to practice law in this state and 
 other staff as the chief district public defender finds prudent 
 and necessary subject to the standards adopted by the state 
 public defender.  Assistant district public defenders must be 
 appointed to ensure broad geographic representation and caseload 
 distribution within the district.  Each assistant district 
 public defender serves at the pleasure of the chief district 
 public defender.  A chief district public defender is 
 authorized, subject to approval by the state board of public 
 defense or their designee, to hire an independent contractor to 
 perform the duties of an assistant public defender. 

    Subd. 5. Repealed, 1987 c 250 s 20 

    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 in the juvenile court when so 
 directed by the juvenile court. 

    Subd. 7.    Other employment.  Chief district public 
 defenders and assistant district public defenders may engage in 
 the general practice of law where not employed on a full-time 
 basis. 

    Subd. 8. Repealed, 1987 c 250 s 20 

    Subd. 9.    Insurance.  Notwithstanding any other law to 
 the contrary, district public defenders and assistant district 
 public defenders, and their employees and their dependents, may 
 elect to enroll in the appropriate life insurance, hospital, 
 medical and dental benefits, and optional coverages of their 
 respective host county, as designated by the state board of 
 public defense under section 611.27, subdivision 2, at the time, 
 in the manner, and under conditions of eligibility as 
 established by the host county for its employees.  The host 
 county must provide for payroll deductions to be made in the 
 same manner and under the same conditions as provided for an 
 eligible county employee and the employee's dependents.  Nothing 
 in this subdivision obligates the state or county to payments in 
 the absence of an appropriation for those purposes. 

    Subd. 10.    Services.  The chief district public 
 defender is responsible for the administration of public 
 defender services in the district, consistent with standards 
 adopted by the state board of public defense and the policies 
 and procedures adopted by the state public defender. 

    HIST: 1965 c 869 s 13; 1969 c 655 s 4; 1971 c 25 s 93; 1974 c 
 322 s 10; 1981 c 356 s 363-367; 1986 c 444; 1987 c 250 s 11-15; 
 1989 c 335 art 3 s 36; 1990 c 604 art 9 s 7,8; 1990 c 612 s 12; 
 1991 c 345 art 3 s 13-20; 1993 c 146 art 2 s 23; 1994 c 636 art 
 11 s 5,6 

  611.261 Repealed, 1991 c 345 art 3 s 30 

     611.262 Representation before appointment. 

    A district public defender or appointed assistant may, on 
 request of a peace officer, a defendant, suspect, or other 
 person, represent or consult with a person before formal 
 appointment if there is a substantial factual basis to believe 
 the person is indigent. 

    HIST: 1987 c 250 s 16 

     611.263 County is employer of Ramsey, Hennepin defenders.

    Subdivision 1.    Employees.  (a) The district public 
 defender and assistant public defenders of the second judicial 
 district are employees of Ramsey county in the unclassified 
 service under section 383A.286. 

    (b) The district public defender and assistant public 
 defenders of the fourth judicial district are employees of 
 Hennepin county under section 383B.63, subdivision 6. 

    Subd. 2.    Public employer.  (a) Notwithstanding 
 section 179A.03, subdivision 15, clause (c), the Ramsey county 
 board is the public employer under the public employment labor 
 relations act for the district public defender and assistant 
 public defenders of the second judicial district. 

    (b) Notwithstanding section 179A.03, subdivision 15, clause 
 (c), the Hennepin county board is the public employer under the 
 public employment labor relations act for the district public 
 defender and assistant public defenders of the fourth judicial 
 district. 

    HIST: 1989 c 335 art 3 s 37 

     611.265 Transition. 

    (a) District public defenders and their employees, other 
 than in the second and fourth judicial districts, are state 
 employees in the judicial branch, and are governed by the 
 personnel rules adopted by the state board of public defense. 

    (b) A district public defender or district public defender 
 employee who becomes a state employee under this section, and 
 who participated in a county insurance program on June 30, 1993, 
 may elect to continue to participate in the county program 
 according to procedures established by the board of public 
 defense.  An affected county shall bill the board of public 
 defense for employer contributions, in a manner prescribed by 
 the board.  The county shall not charge the board any 
 administrative fee.  Notwithstanding any law to the contrary, a 
 person who is first employed as a district public defender after 
 July 1, 1993, shall participate in the state employee insurance 
 program, as determined by the state board of public defense, in 
 consultation with the commissioner of employee relations. 

    (c) A district public defender or district public defender 
 employee who becomes a state employee under this section, and 
 who participated in the public employee retirement association 
 on June 30, 1993, may elect to continue to participate in the 
 public employee retirement association according to procedures 
 established by the board of public defense and the association.  
 Notwithstanding any law to the contrary, a person who is first 
 employed as a state employee or by a district public defender 
 after July 1, 1993, must participate in the Minnesota state 
 retirement system. 

    (d) A person performing district public defender work as an 
 independent contractor is not eligible to be covered under the 
 state group insurance plan or the public employee retirement 
 association. 

    HIST: 1993 c 146 art 2 s 24 

     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 

     611.271 Copies of documents; fees. 

    The court administrators of courts, the prosecuting 
 attorneys of counties and municipalities, and the law 
 enforcement agencies of the state and its political subdivisions 
 shall furnish, upon the request of the district public defender, 
 the state public defender, or an attorney working for a public 
 defense corporation under section 611.216, copies of any 
 documents in their possession at no charge to the public 
 defender, including the following:  police reports, photographs, 
 copies of existing grand jury transcripts, audiotapes, 
 videotapes, copies of existing transcripts of audiotapes or 
 videotapes and, in child protection cases, reports prepared by 
 local welfare agencies.  Nothing in this section shall compel 
 production of documents that are not discoverable under the 
 rules of court, court order, or chapter 13. 

    HIST: 1969 c 655 s 5; 1Sp1986 c 3 art 1 s 82; 1990 c 604 art 9 
 s 10; 1992 c 571 art 15 s 4; 1993 c 146 art 2 s 26; 1996 c 408 
 art 11 s 8 

  611.28 Repealed, 1991 c 345 art 3 s 30 

  611.29 Repealed, 1991 c 345 art 3 s 30 

     611.30 Right to interpreter, state policy. 

    It is hereby declared to be the policy of this state that 
 the constitutional rights of persons handicapped in 
 communication cannot be fully protected unless qualified 
 interpreters are available to assist them in legal proceedings.  
 It is the intent of sections 611.30 to 611.34 to provide a 
 procedure for the appointment of interpreters to avoid injustice 
 and to assist persons handicapped in communication in their own 
 defense. 

    HIST: 1969 c 955 s 1; 1981 c 131 s 4 

     611.31 Handicapped person. 

    For the purposes of sections 611.30 to 611.34, "person 
 handicapped in communication" means a person who:  (a) because 
 of a hearing, speech or other communication disorder, or (b) 
 because of difficulty in speaking or comprehending the English 
 language, cannot fully understand the proceedings or any charges 
 made against the person, or the seizure of the person's 
 property, or is incapable of presenting or assisting in the 
 presentation of a defense. 

    HIST: 1969 c 955 s 2; 1981 c 131 s 5; 1984 c 460 s 2; 1986 c 
 444; 1991 c 323 s 4 

     611.32 Proceedings where interpreter appointed. 

    Subdivision 1.    Proceedings and preliminary proceedings 
 involving possible criminal sanctions or confinement.  In any 
 proceeding in which a person handicapped in communication may be 
 subjected to confinement, criminal sanction, or forfeiture of 
 the person's property, and in any proceeding preliminary to that 
 proceeding, including coroner's inquest, grand jury proceedings, 
 and proceedings relating to mental health commitments, the 
 presiding judicial officer shall appoint a qualified interpreter 
 to assist the person handicapped in communication and any 
 witness handicapped in communication throughout the proceedings. 

    Subd. 2.    Proceedings at time of apprehension or arrest. 
  Following the apprehension or arrest of a person handicapped 
 in communication for an alleged violation of a criminal law, the 
 arresting officer, sheriff or other law enforcement official 
 shall immediately make necessary contacts to obtain a qualified 
 interpreter and shall obtain an interpreter at the earliest 
 possible time at the place of detention.  A law enforcement 
 officer shall, with the assistance of the interpreter, explain 
 to the person handicapped in communication, all charges filed 
 against the person, and all procedures relating to the person's 
 detainment and release.  If the property of a person is seized 
 under section 609.531, subdivision 4, the seizing officer, 
 sheriff, or other law enforcement official shall, upon request, 
 make available to the person at the earliest possible time a 
 qualified interpreter to assist the person in understanding the 
 possible consequences of the seizure and the person's right to 
 judicial review.  If the seizure is governed by section 
 609.5314, subdivision 2, a request for an interpreter must be 
 made within 15 days after service of the notice of seizure and 
 forfeiture.  For a person who requests an interpreter under this 
 section because of a seizure of property under section 609.5314, 
 the 60 days for filing a demand for a judicial determination of 
 a forfeiture begins when the interpreter is provided.  The 
 interpreter shall also assist the person with all other 
 communications, including communications relating to needed 
 medical attention.  Prior to interrogating or taking the 
 statement of the person handicapped in communication, the 
 arresting officer, sheriff, or other law enforcement official 
 shall make available to the person a qualified interpreter to 
 assist the person throughout the interrogation or taking of a 
 statement. 

    HIST: 1969 c 955 s 3; 1984 c 460 s 3; 1986 c 444; 1991 c 323 s 
 5 

     611.33 Qualified interpreter. 

    Subdivision 1.  No person shall be appointed as a qualified 
 interpreter pursuant to sections 611.30 to 611.34 unless said 
 person is readily able to communicate with the handicapped 
 person, translate the proceedings for the handicapped person, 
 and accurately repeat and translate the statements of the 
 handicapped person to the officials before whom the proceeding 
 is taking place.  

    Subd. 2.  Every qualified interpreter appointed pursuant to 
 the provisions of sections 611.30 to 611.34, before entering 
 upon duties as such, shall take an oath, to make to the best of 
 the interpreter's skill and judgment a true interpretation to 
 the handicapped person being examined of all the proceedings, in 
 a language which said person understands, and to repeat the 
 statements, in the English language, of said person to the court 
 or other officials before whom the proceeding is taking place.  

    Subd. 3.  The fees and expenses of a qualified interpreter 
 shall be fixed and ordered paid by the presiding official before 
 whom the proceeding is taking place out of the general revenue 
 fund of the county in which the proceeding occurs.  

    Subd. 4.  An interpreter pursuant to sections 611.30 to 
 611.34 shall not, without the consent of the person handicapped 
 in communication, be allowed to disclose any privileged 
 communication made by the person or any privileged information 
 gathered from the person which was communicated or gathered 
 during the time of service as an interpreter. 

    HIST: 1969 c 955 s 4; 1971 c 25 s 94; 1981 c 131 s 6; 1986 c 
 444 

     611.34 Applicability to all courts.  

    The provisions of sections 611.30 to 611.34 shall apply to 
 all courts in this state and political subdivisions thereof.  

    HIST: 1969 c 955 s 5 

     611.35 Reimbursement of public defender and appointive 
  counsel. 

    Subdivision 1.  Any person who is represented by a public 
 defender or appointive counsel shall, if financially able to 
 pay, reimburse the governmental unit chargeable with the 
 compensation of such public defender or appointive counsel for 
 the actual costs to the governmental unit in providing the 
 services of the public defender or appointive counsel.  The 
 court in hearing such matter shall ascertain the amount of such 
 costs to be charged to the defendant and shall direct 
 reimbursement over a period of not to exceed six months, unless 
 the court for good cause shown shall extend the period of 
 reimbursement.  If a term of probation is imposed as a part of a 
 sentence, reimbursement of costs as required by this chapter 
 must not be made a condition of probation.  Reimbursement of 
 costs as required by this chapter is a civil obligation and must 
 not be made a condition of a criminal sentence. 

    Subd. 2.  The county attorney may commence a civil action 
 to recover such cost remaining unpaid at the expiration of six 
 months unless the court has extended the reimbursement period 
 and shall, if it appears that such recipient of public defender 
 or appointive counsel services is about to leave the 
 jurisdiction of the court or sell or otherwise dispose of assets 
 out of which reimbursement may be obtained, commence such action 
 forthwith.  The county attorney may compromise and settle any 
 claim for reimbursement with the approval of the court which 
 heard the matter.  No determination or action shall be taken 
 later than two years after the termination of the duties of the 
 public defender or appointive counsel.  

    HIST: 1969 c 1002 s 1,2; 1986 c 444; 1995 c 226 art 2 s 30