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ID H0542
Bill
Status
3/26/2014
Primary Sponsor
State Affairs Committee
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AI Summary
House Bill 542 Summary
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Creates a 7-member State Public Defense Commission within the Department of Self-Governing Agencies, comprising 2 legislative representatives, 1 chief justice appointee, and 4 governor-appointed members (representing counties, defending attorneys, appellate public defender, and juvenile justice commission).
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Grants the commission authority to promulgate rules establishing training and continuing legal education requirements for defending attorneys and uniform data reporting requirements for caseload, workload, and expenditures.
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Requires the commission to make annual recommendations to the legislature by January 20 each year regarding public defense system issues including contract requirements, attorney qualifications, enforcement mechanisms, and funding for training and conflict cases.
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Modifies county public defender options to allow counties to contract with existing public defender offices or establish joint offices with other counties, while prohibiting fixed-fee compensation structures for private attorney contracts.
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Becomes effective immediately upon passage and approval.
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 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 Signed by Governor on March 26, 2014 Session Law Chapter 247 Effective: 03/26/2014
3/26/2014