ND HB1235

Commission on legal counsel for indigents may access confidential records from state and local government agencies to determine eligibility for public defender services, without requiring a subpoena but subject to federal law restrictions.

Accessible government records include vital statistics, tax and revenue records, property records, professional licenses, employment security records, public assistance records, corrections records, law enforcement records, and state tax records (by agreement with state tax commissioner).

Commission may obtain limited information from private entities including public utilities, cellular and wireless providers, and cable television companies regarding names, addresses, social security numbers, income, assets, and employer information through administrative subpoena if requested.

Commission may also access financial institution records containing asset and liability information for individuals being evaluated for public defender eligibility.

Any government agency or private entity denying the commission access to records must provide a written statement explaining the legal authority for the denial.