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2006 Minnesota Statutes
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Chapter 611
Section 611.18
Topics
Recent History
- 2012 611.18 Amended 2012 c 212 s 12
- 2003 611.18 Amended 2003 c 2 art 3 s 5
This is an historical version of this statute chapter. Also view the most recent published version.
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, according to the standards of sections 611.14 and611.25,
subdivision 1 , paragraph (a), clause (2), 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.
History: 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; 1Sp2003 c 2 art 3 s 5
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, according to the standards of sections 611.14 and
subdivision 1
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.
History: 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; 1Sp2003 c 2 art 3 s 5
Official Publication of the State of Minnesota
Revisor of Statutes