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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

611.27 FINANCING OFFICES OF DISTRICT PUBLIC DEFENDER.
    Subdivision 1. County payment responsibility. (a) A chief 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. The chief 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.
(b) 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    Subd. 2.[Repealed, 1998 c 367 art 8 s 26]
    Subd. 3. Transcript use. If the chief appellate 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    Subd. 4.[Repealed, 1998 c 367 art 8 s 26]
    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. The state's obligation for the costs of the
public defender services is limited to the appropriations made to the 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 program aid retained by the commissioner of revenue for that purpose under
section 477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a).
    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 appellate
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 program aid retained by the commissioner of revenue for that purpose
under section 477A.0124, subdivision 1, clause (4), or 477A.03, subdivision 2b, paragraph (a).
History: 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; 1998 c 367 art 8 s 21,22; 1Sp2003 c
21 art 6 s 7,8; 1Sp2003 c 23 s 29; 2007 c 13 art 3 s 32,33; 2007 c 61 s 13-15

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