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ID H0454
Bill
Status
2/6/2014
Primary Sponsor
Judiciary, Rules and Administration Committee
Click for details
AI Summary
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Establishes a State Public Defense Commission within the Department of Self-Governing Agencies consisting of seven members: two legislators, one chief justice appointee, and four gubernatorial appointees (representing counties, defending attorneys, appellate public defenders, and juvenile justice).
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Grants the commission authority to promulgate rules establishing training and continuing legal education requirements for defending attorneys across criminal, juvenile, abuse/neglect, post-conviction, and capital cases, plus uniform data reporting standards.
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Requires the commission to make annual legislative recommendations by January 20 on public defense system issues including contract requirements, attorney qualifications, enforcement mechanisms, and funding for training and conflict cases.
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Creates a State Public Defense Commission Fund with two accounts: a general operations account and a training account from which defending attorneys and public defender offices may apply for grants to comply with training requirements.
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Allows counties to provide indigent defense services through established public defender offices, joint county offices, court-appointed attorneys, or contracts with private attorneys (prohibiting single fixed-fee pricing structures).
Legislative Description
Amends and adds to existing law to establish the State Public Defense Commission; to provide for the powers and duties of the State Public Defense Commission; to provide for the State Public Defense Commission Fund; to remove provisions relating to the appointment and assignment of certain counsel; to revise provisions relating to the duty of the boards of county commissioners to provide for the representation of indigent persons and other individuals who are entitled to be represented by an attorney at public expense; to specify that certain provisions relating to the public defender apply to a joint office of public defender, to remove provisions relating to the term of office of a public defender, to remove certain provisions relating to the scope of practice of a public defender, to remove provisions relating to the compensation of a court-assigned attorney other than the public defender; to clarify that certain provisions apply to a joint office of public defender; to provide that certain provisions apply to a joint office of public defender; and to establish the State Public Defense Commission in the Department of Self-Governing Agencies.
PUBLIC DEFENSE ACT
Last Action
Reported Printed and Referred to Judiciary, Rules, & Administration
2/7/2014