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MN HF2059

Bill

Status

Introduced

2/1/2012

Primary Sponsor

Kelby Woodard

Click for details

Origin

House of Representatives

87th Legislature 2011-2012

AI Summary

Bill Summary: HF2059 - Public Defender Representation and Reimbursement

  • Establishes specific income-based financial eligibility guidelines for public defender appointment: 125% of federal poverty guidelines for misdemeanors, 150% for gross misdemeanors, and 175% for felonies.

  • Requires courts to inquire into defendants' ability to pay and order reimbursement to the state for public defender costs when defendants become employed or have financial means, with flexibility for reduced payment schedules.

  • Clarifies that the Board of Public Defense is solely responsible for providing counsel in criminal and juvenile cases under section 611.14, while prohibiting courts from appointing advisory or standby counsel at the Board's expense.

  • Requires courts to inquire into parents' ability to pay for appointed counsel in juvenile delinquency and child protection cases, and allows courts to order parent reimbursement for counsel costs based on income and assets.

  • Authorizes courts to order reimbursement of reasonable attorney fees when prosecuting attorneys appeal pretrial orders, capped at $5,000 per case unless chief judge certifies necessity for higher amount due to unusual circumstances.

Legislative Description

Public defender representation, appointment, and reimbursement obligation provisions amended; and financial responsibility outlined for public defender cost, cost for counsel in CHIPS cases, pretrial appeals costs, and standby counsel costs.

Last Action

Committee report, to pass as amended and re-refer to Ways and Means

3/26/2012

Committee Referrals

Ways and Means3/26/2012
Judiciary Policy and Finance2/1/2012

Full Bill Text

No bill text available