Bill Text: MN HF2059 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-03-26 - Committee report, to pass as amended and re-refer to Ways and Means [HF2059 Detail]
Download: Minnesota-2011-HF2059-Engrossed.html
1.2relating to public defenders; amending provisions related to public defender
1.3representation, appointment, and reimbursement obligations; outlining financial
1.4responsibility for public defender costs, cost for counsel in CHIPS cases, pretrial
1.5appeals costs, and standby counsel costs;amending Minnesota Statutes 2010,
1.6sections 244.052, subdivision 6; 257.69, subdivision 1; 260B.163, subdivision
1.74; 260B.331, subdivision 5; 260C.163, subdivision 3; 260C.331, subdivision 5;
1.8609.115, subdivision 4; 609.131, subdivision 1; 611.14; 611.16; 611.17; 611.18;
1.9611.20, subdivision 4; 611.25, subdivision 1; 611.26, subdivision 6; 611.27,
1.10subdivision 5, by adding a subdivision; repealing Minnesota Statutes 2010,
1.11section 611.20, subdivision 6.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 6, is amended to read:
1.14 Subd. 6. Administrative review. (a) An offender assigned or reassigned to
1.15risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek
1.16administrative review of an end-of-confinement review committee's risk assessment
1.17determination. The offender must exercise this right within 14 days of receiving notice
1.18of the committee's decision by notifying the chair of the committee. Upon receiving the
1.19request for administrative review, the chair shall notify: (1) the offender; (2) the victim
1.20or victims of the offender's offense who have requested disclosure or their designee; (3)
1.21the law enforcement agency that investigated the offender's crime of conviction or, where
1.22relevant, the law enforcement agency having primary jurisdiction where the offender was
1.23committed; (4) the law enforcement agency having jurisdiction where the offender expects
1.24to reside, providing that the release plan has been approved by the hearings and release
1.25unit of the department of corrections; and (5) any other individuals the chair may select.
1.26The notice shall state the time and place of the hearing. A request for a review hearing
2.1shall not interfere with or delay the notification process under subdivision 4 or 5, unless
2.2the administrative law judge orders otherwise for good cause shown.
2.3(b) An offender who requests a review hearing must be given a reasonable
2.4opportunity to prepare for the hearing. The review hearing shall be conducted on the
2.5record before an administrative law judge. The review hearing shall be conducted at
2.6the correctional facility in which the offender is currently confined. If the offender no
2.7longer is incarcerated, the administrative law judge shall determine the place where the
2.8review hearing will be conducted. The offender has the burden of proof to show, by a
2.9preponderance of the evidence, that the end-of-confinement review committee's risk
2.10assessment determination was erroneous. The attorney general or a designee shall defend
2.11the end-of-confinement review committee's determination. The offender has the right to
2.12be presentand be represented by counsel at the hearing, to present evidence in support
2.13of the offender's position, to call supporting witnesses and to cross-examine witnesses
2.14testifying in support of the committee's determination.Counsel for indigent offenders
2.15shall be provided by the Legal Advocacy Project of the state public defender's office.
2.16(c) After the hearing is concluded, the administrative law judge shall decide
2.17whether the end-of-confinement review committee's risk assessment determination
2.18was erroneous and, based on this decision, shall either uphold or modify the review
2.19committee's determination. The judge's decision shall be in writing and shall include
2.20the judge's reasons for the decision. The judge's decision shall be final and a copy of it
2.21shall be given to the offender, the victim, the law enforcement agency, and the chair of
2.22the end-of-confinement review committee.
2.23(d) The review hearing is subject to the contested case provisions of chapter 14.
2.24(e) The administrative law judge may seal any portion of the record of the
2.25administrative review hearing to the extent necessary to protect the identity of a victim of
2.26or witness to the offender's offense.
2.27EFFECTIVE DATE.This section is effective August 1, 2012, and applies to review
2.28hearings requested on or after that date.
2.29 Sec. 2. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
2.30 Subdivision 1. Representation by counsel. In all proceedings under sections
2.31257.51
to
257.74 , any party may be represented by counsel. The county attorney shall
2.32represent the public authority.The court shall appoint counsel for a party who is unable to
2.33pay timely for counsel In proceedings under sections
257.51 to
257.74 , the court shall
2.34appoint counsel for a party who would be financially unable to obtain counsel under the
3.1guidelines set forth in section 611.17. The representation of appointed counsel is limited
3.2in scope to the issue of establishment of parentage.
3.3 Sec. 3. Minnesota Statutes 2010, section 260B.163, subdivision 4, is amended to read:
3.4 Subd. 4. Appointment of counsel. (a) The child, parent, guardian or custodian has
3.5the right to effective assistance of counsel in connection with a proceeding in juvenile
3.6court. This right does not apply to a child who is charged with a juvenile petty offense
3.7as defined in section260B.007, subdivision 16 , unless the child is charged with a third
3.8or subsequent juvenile alcohol or controlled substance offense and may be subject to the
3.9alternative disposition described in section260B.235, subdivision 6 .
3.10(b) The court shall appoint counsel, or standby counsel if the child waives the right
3.11to counsel, for a child who is:
3.12(1) charged by delinquency petition with a gross misdemeanor or felony offense; or
3.13(2) the subject of a delinquency proceeding in which out-of-home placement has
3.14been proposed.
3.15(c)If they desire counsel but are unable to employ it, The court shall appoint counsel
3.16to represent the child under section 611.14, clause (4), or the parents or guardian in any
3.17case in which it feels that such an appointment is appropriate if the person would be
3.18financially unable to obtain counsel under the guidelines set forth in section 611.17, except
3.19a juvenile petty offender who does not have the right to counsel under paragraph (a). If the
3.20court appoints standby or advisory counsel, the cost of counsel shall be paid for by the
3.21Office of the State Court Administrator with state funds or, if the prosecutor requests the
3.22appointment, by the governmental unit conducting the prosecution. In no event may the
3.23court order the Board of Public Defense to pay the cost of standby or advisory counsel.
3.24(d) Counsel for the child shall not also act as the child's guardian ad litem.
3.25 Sec. 4. Minnesota Statutes 2010, section 260B.331, subdivision 5, is amended to read:
3.26 Subd. 5. Attorneys fees. (a) In proceedings in which the court has appointed
3.27counsel pursuant to section260B.163, subdivision 4 , for a minor unable to employ
3.28counsel, the courtmay shall inquire into the ability of the parents to pay for such counsel's
3.29services and, after giving the parents a reasonable opportunity to be heard, may order
3.30the parents to pay attorneys fees.
3.31(b) The court may order a parent under paragraph (a) to reimburse the state for the
3.32cost of the child's appointed counsel. In determining the amount of reimbursement, the
3.33court shall consider the parent's income, assets, and employment. If reimbursement is
3.34required under this subdivision, the court shall order the reimbursement when counsel
4.1is first appointed or as soon as possible after the court determines that reimbursement
4.2is required. The court may accept partial reimbursement from a parent if the parent's
4.3financial circumstances warrant establishing a reduced reimbursement schedule. If the
4.4parent does not agree to make payments, the court may order the parent's employer to
4.5withhold a percentage of the parent's income to be turned over to the court.
4.6 Sec. 5. Minnesota Statutes 2010, section 260C.163, subdivision 3, is amended to read:
4.7 Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has
4.8the right to effective assistance of counsel in connection with a proceeding in juvenile
4.9court as provided in this subdivision.
4.10(b) Except in proceedings where the sole basis for the petition is habitual truancy, if
4.11the child, parent, guardian, or custodian desires counsel but is unable to employ it, the
4.12court shall appoint counsel to represent the child who is ten years of age or older under
4.13section 611.14, clause (4), or theparents or guardian parent, guardian, or custodian in any
4.14case in which it feels that such an appointment is appropriate if the person would be
4.15financially unable to obtain counsel under the guidelines set forth in section 611.17.
4.16(c) In any proceeding where the sole basis for the petition is habitual truancy, the
4.17child, parent, guardian, and custodian do not have the right to appointment of a public
4.18defender or other counsel at public expense. However, before any out-of-home placement,
4.19including foster care or inpatient treatment, can be ordered, the court must appoint a
4.20public defender or other counsel at public expense in accordance withparagraph (b)
4.21this subdivision.
4.22(d) Counsel for the child shall not also act as the child's guardian ad litem.
4.23(e) In any proceeding where the subject of a petition for a child in need of
4.24protection or services is not represented by an attorney, the court shall determine the
4.25child's preferences regarding the proceedings, if the child is of suitable age to express
4.26a preference.
4.27(f) Court-appointed counsel for the parent, guardian, or custodian under this
4.28subdivision is at county expense. If the county has contracted with counsel meeting
4.29qualifications under paragraph (g), the court shall appoint the counsel retained by the
4.30county, unless a conflict of interest exists. If a conflict exists, after consulting with the
4.31chief judge of the judicial district or the judge's designee, the county shall contract with
4.32competent counsel to provide the necessary representation. The court may appoint only
4.33one counsel at public expense for the first court hearing to represent the interests of the
4.34parents, guardians, and custodians, unless, at anytime during the proceedings upon petition
4.35of a party, the court determines and makes written findings on the record that extraordinary
5.1circumstances exist that require counsel to be appointed to represent a separate interest of
5.2other parents, guardians, or custodians subject to the jurisdiction of the juvenile court.
5.3(g) Counsel retained by the county under paragraph (f) must meet the qualifications
5.4established by the Judicial Council in at least one of the following: (1) has a minimum of
5.5two years' experience handling child protection cases; (2) has training in handling child
5.6protection cases from a course or courses approved by the Judicial Council; or (3) is
5.7supervised by an attorney who meets the minimum qualifications under clause (1) or (2).
5.8 Sec. 6. Minnesota Statutes 2010, section 260C.331, subdivision 5, is amended to read:
5.9 Subd. 5. Attorneys fees. (a) In proceedings in which the court has appointed
5.10counsel pursuant tosection sections
260C.163, subdivision 3 , and 611.14, clause (4), for a
5.11minor unable to employ counsel, the courtmay shall inquire into the ability of the parents
5.12to pay for such counsel's services and, after giving the parents a reasonable opportunity
5.13to be heard, may order the parents to pay attorneys fees.
5.14(b) In proceedings in which the court has appointed counsel pursuant to section
5.15260C.163, subdivision 3, for a parent, guardian, or custodian, the court shall inquire into
5.16the ability of the parents, guardians, or custodians to pay for such counsel's services and,
5.17after giving these persons a reasonable opportunity to be heard, may order the appropriate
5.18person to pay attorneys fees.
5.19(c) The court may order the appropriate person or persons under paragraph (a) or (b),
5.20or both, to reimburse the governmental unit providing counsel for the cost of appointed
5.21counsel. In determining the amount of reimbursement, the court shall consider the
5.22appropriate person's income, assets, and employment. If reimbursement is required under
5.23this subdivision, the court shall order the reimbursement when counsel is first appointed or
5.24as soon as possible after the court determines that reimbursement is required. The court
5.25may accept partial reimbursement from a person if the person's financial circumstances
5.26warrant establishing a reduced reimbursement schedule. If the person does not agree to
5.27make payments, the court may order the person's employer to withhold a percentage of the
5.28person's income to be turned over to the court.
5.29 Sec. 7. Minnesota Statutes 2010, section 609.115, subdivision 4, is amended to read:
5.30 Subd. 4. Confidential sources of information. (a) Any report made pursuant to
5.31subdivision 1 shall be, if written, provided to counsel for all parties before sentence.
5.32The written report shall not disclose confidential sources of information unless the
5.33court otherwise directs. On the request of the prosecuting attorney or the defendant's
5.34attorney a summary hearing in chambers shall be held on any matter brought in issue,
6.1but confidential sources of information shall not be disclosed unless the court otherwise
6.2directs. If the presentence report is given orally the defendant or the defendant's attorney
6.3shall be permitted to hear the report.
6.4(b) Any report made under subdivision 1 or 2 shall be provided to counsel for
6.5the defendant for purposes of representing the defendant on any appeal or petition for
6.6postconviction relief. The reports shall be provided by the court and the commissioner of
6.7corrections at no cost to the defendant or the defendant's attorney.
6.8 Sec. 8. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
6.9 Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
6.10misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
6.11believes that it is in the interest of justice that the defendant not be imprisoned if convicted
6.12and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
6.13and the court approves of the certification motion. Prior to the appointment of a public
6.14defender to represent a defendant charged with a misdemeanor, the court shall inquire of
6.15the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
6.16The defendant's consent to the certification is not required. When an offense is certified
6.17as a petty misdemeanor under this section, thedefendant's eligibility for court-appointed
6.18counsel must be evaluated as though the offense were a misdemeanor defendant is not
6.19eligible for the appointment of a public defender.
6.20 Sec. 9. Minnesota Statutes 2010, section 611.14, is amended to read:
6.21611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
6.22 The following persons who are financially unable to obtain counsel are entitled to be
6.23represented by a public defender:
6.24 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
6.25person charged under sections629.01 to
629.29 ;
6.26 (2) a person appealing from a conviction of a felonyor, gross misdemeanor, or
6.27misdemeanor, or a person convicted of a felonyor, gross misdemeanor, or misdemeanor,
6.28who is pursuing a postconviction proceeding and who has not already had a direct appeal
6.29of the conviction;
6.30 (3) a person who is entitled to be represented by counsel under section609.14,
6.31subdivision 2 ; or
6.32 (4) a minor ten years of age or older who is entitled to be represented by counsel
6.33under section260B.163, subdivision 4 , or
260C.163, subdivision 3 .
7.1EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
7.2offenses committed on or after that date.
7.3 Sec. 10. Minnesota Statutes 2010, section 611.16, is amended to read:
7.4611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
7.5Any person described in section611.14 or any other person entitled by law to
7.6representation by counsel, may at any time request the court in which the matter is pending,
7.7or the court in which the conviction occurred, to appoint a public defender to represent
7.8the person.In a proceeding defined by clause (2) of section
611.14, application for the
7.9appointment of a public defender may also be made to a judge of the Supreme Court.
7.10 Sec. 11. Minnesota Statutes 2010, section 611.17, is amended to read:
7.11611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
7.12STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
7.13 (a) Each judicial district must screen requests for representation by the district public
7.14defender. A defendant is financially unable to obtain counsel if:
7.15 (1) the defendant, or any dependent of the defendant who resides in the same
7.16household as the defendant, receives means-tested governmental benefits; or is charged
7.17with a misdemeanor and has an annual household income not greater than 125 percent of
7.18the poverty guidelines updated periodically in the Federal Register by the United States
7.19Department of Health and Human Services under the authority of United States Code,
7.20title 42, section 9902(2);
7.21(2) the defendant is charged with a gross misdemeanor and has an annual household
7.22income not greater than 150 percent of the poverty guidelines updated periodically in the
7.23Federal Register by the United States Department of Health and Human Services under
7.24the authority of United States Code, title 42, section 9902(2);
7.25(3) the defendant is charged with a felony and has an annual household income not
7.26greater than 175 percent of the poverty guidelines updated periodically in the Federal
7.27Register by the United States Department of Health and Human Services under the
7.28authority of United States Code, title 42, section 9902(2); or
7.29(2) (4) the court determines that the defendant, through any combination of liquid
7.30assets and current income, would be unable to pay the reasonable costs charged by private
7.31counsel in that judicial district for a defense of the same matter.
7.32 (b) Upon a request for the appointment of counsel, the court shall make an
7.33appropriateinquiry into the determination of financial circumstances eligibility under
7.34paragraph (a) of the applicant, who shall submit a financial statement under oath or
8.1affirmation setting forth the applicant's assets and liabilities, including the value of any
8.2real property owned by the applicant, whether homestead or otherwise, less the amount of
8.3any encumbrances on the real property, the source or sources of income, and any other
8.4information required by the court. The applicant shall be under a continuing duty while
8.5represented by a public defender to disclose any changes in the applicant's financial
8.6circumstances that might be relevant to the applicant's eligibility for a public defender.
8.7The state public defender shall furnish appropriate forms for the financial statements,
8.8which must be used by the district courts throughout the state. The forms must contain
8.9conspicuous notice of the applicant's continuing duty to disclose to the court changes in the
8.10applicant's financial circumstances. The forms must also contain conspicuous notice of the
8.11applicant's obligation to make a co-payment for the services of the district public defender,
8.12as specified under paragraph (c). The information contained in the statement shall be
8.13confidential and for the exclusive use of the court and the public defenderappointed by
8.14the court to represent the applicant except for any prosecution under section
609.48 . A
8.15refusal to execute the financial statement or produce financial records constitutes a waiver
8.16of the right to the appointment of a public defender. The court shall not appoint adistrict
8.17public defender to a defendant who is financially able to retain private counsel but refuses
8.18to do so, refuses to execute the financial statement or refuses to provide information
8.19necessary to determine financial eligibility under this section, or waives the appointment
8.20of a public defender under section 611.19.
8.21 An inquiry to determine financial eligibility of a defendant for the appointment of
8.22the district public defender shall be made whenever possible prior to the court appearance
8.23and by such persons as the court may direct. This inquiry may be combined with the
8.24prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
8.25subdivision 3. In no case shall the district public defender be required to perform this
8.26inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
8.27conduct a financial inquiry. The inquiry must include the following:
8.28 (1) the liquidity of real estate assets, including the defendant's homestead;
8.29 (2) any assets that can be readily converted to cash or used to secure a debt;
8.30 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
8.31conveyance; and
8.32 (4) the value of all property transfers occurring on or after the date of the alleged
8.33offense or notice of the action. The burden is on the accused to show that the accused is
8.34financially unable to afford counsel. Defendants who fail to provide information necessary
8.35to determine eligibility shall be deemed ineligible. The court must not appoint the district
8.36public defender as advisory counsel or standby counsel. If the court appoints advisory
9.1or standby counsel, the cost of counsel shall be paid for by the Office of the State Court
9.2Administrator or, if the prosecutor requests the appointment, by the governmental unit
9.3conducting the prosecution. In no event may the court order the Board of Public Defense
9.4to pay the cost of advisory or standby counsel.
9.5 (c) Upon disposition of the case, an individual who has received public defender
9.6services shall pay to the court a $75 co-payment for representation provided by a public
9.7defender, unless the co-payment is, or has been, reduced in part or waived by the court.
9.8 The co-payment must be credited to the general fund. If a term of probation is
9.9imposed as a part of an offender's sentence, the co-payment required by this section must
9.10not be made a condition of probation. The co-payment required by this section is a civil
9.11obligation and must not be made a condition of a criminal sentence.
9.12 Sec. 12. Minnesota Statutes 2010, section 611.18, is amended to read:
9.13611.18 APPOINTMENT OF PUBLIC DEFENDER.
9.14If it appears to a court that a person requesting the appointment of counsel satisfies
9.15the requirements of this chapter, the court shall order theappropriate public defender to
9.16represent the personat all further stages of the proceeding through appeal, if any. For a
9.17person appealing from a conviction, or a person pursuing a postconviction proceeding
9.18and who has not already had a direct appeal of the conviction, according to the standards
9.19of sections611.14 , clause (2), and
611.25, subdivision 1 , paragraph (a), clause (2), the
9.20state chief appellate public defender shall be appointed. For a person covered by section
9.21611.14
, clause (1), (3), or (4), a the chief district public defender shall be appointed to
9.22represent that person.If (a) conflicting interests exist, (b) the district public defender for
9.23any other reason is unable to act, or (c) the interests of justice require, the state public
9.24defender may be ordered to represent a person. When the state public defender is directed
9.25by a court to represent a defendant or other person, the state public defender may assign
9.26the representation to any district public defender. If at any stage of the proceedings,
9.27including an appeal, the court finds that the defendant is financially unable to pay counsel
9.28whom the defendant had retained, the court may appoint theappropriate public defender
9.29to represent the defendant, as provided in this section. Prior to any court appearance, a
9.30public defender may represent a person accused of violating the law, who appears to be
9.31financially unable to obtain counsel, and shall continue to represent the person unless it
9.32is subsequently determined that the person is financially able to obtain counsel. The
9.33representation may be made available at the discretion of the public defender, upon the
9.34request of the person or someone on the person's behalf. Any law enforcement officer may
9.35notify the public defender of the arrest of any such person.
10.1 Sec. 13. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
10.2 Subd. 4. Employed defendants; ability to pay. (a) A courtshall may order
10.3a defendantwho is employed when a public defender is appointed, or who becomes
10.4employed while represented by a public defender, to reimburse the state for the cost of the
10.5public defender. In determining the amount of reimbursement, the court shall consider
10.6the defendant's income, assets, and employment. If reimbursement is required under
10.7this subdivision, the court shall order the reimbursement when a public defender is first
10.8appointed or as soon as possible after the court determines that reimbursement is required.
10.9The court may accept partial reimbursement from the defendant if the defendant's financial
10.10circumstances warrant establishing a reduced reimbursement schedule.The court may
10.11consider the guidelines in subdivision 6 in determining a defendant's reimbursement
10.12schedule. If a defendant does not agree to make payments, the court may order the
10.13defendant's employer to withhold a percentage of the defendant's income to be turned over
10.14to the court.The percentage to be withheld may be determined under subdivision 6.
10.15(b) If a court determines under section 611.17 that a defendant is financially unable to
10.16pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
10.17the court shall evaluate the defendant's ability to make partial payments or reimbursement.
10.18 Sec. 14. Minnesota Statutes 2010, section 611.25, subdivision 1, is amended to read:
10.19 Subdivision 1. Representation. (a) The chief appellate public defender shall
10.20represent, without charge:
10.21 (1) a defendant or other person appealing from a conviction of a felonyor, gross
10.22misdemeanor, or misdemeanor;
10.23 (2) a person convicted of a felonyor, gross misdemeanor, or misdemeanor who is
10.24pursuing a postconviction proceeding and who has not already had a direct appeal of
10.25the conviction; and
10.26 (3) a child who is appealing from a delinquency adjudication or from an extended
10.27jurisdiction juvenile conviction.
10.28 (b) The chief appellate public defender may represent, without charge, all other
10.29persons pursuing a postconviction remedy under section590.01 , who are financially
10.30unable to obtain counsel.
10.31 (c) The chief appellate public defender shall not represent a person in any action or
10.32proceeding in which a party is seeking a monetary judgment, recovery or award.
10.33EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
10.34offenses committed on or after that date.
11.1 Sec. 15. Minnesota Statutes 2010, section 611.26, subdivision 6, is amended to read:
11.2 Subd. 6. Persons defended. The district public defender shall represent, without
11.3charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when
11.4so directed by the district court. The district public defender shall also represent a minor
11.5ten years of age or older in the juvenile court when so directed by the juvenile court.
11.6The district public defender must not serve as advisory counsel or standby counsel. The
11.7juvenile court may not order the district public defender to represent a minor who is under
11.8the age of ten years, to serve as a guardian ad litem, or to represent a guardian ad litem.
11.9 Sec. 16. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
11.10 Subd. 5. District public defender budgets and county payment responsibility.
11.11The Board of Public Defensemay only fund those items and services in district
11.12public defender budgets which were included in the original budgets of district public
11.13defender offices as of January 1, 1990. All other public defense related costs remain the
11.14responsibility of the counties unless the state specifically appropriates for these. The
11.15cost of additional state funding of these items and services must be offset by reductions
11.16in local aids in the same manner as the original state takeover is solely responsible to
11.17provide counsel in adult criminal and juvenile cases, as specified under section 611.14.
11.18The court shall not appoint counsel at county expense for representation under section
11.19611.14, except as provided in section 611.26, subdivision 3a, paragraph (c).
11.20 Sec. 17. Minnesota Statutes 2010, section 611.27, is amended by adding a subdivision
11.21to read:
11.22 Subd. 16. Appeal by prosecuting attorney; attorney fees. (a) When a prosecuting
11.23attorney appeals to the Court of Appeals, in any criminal case, from any pretrial order
11.24of the district court, reasonable attorney fees and costs incurred shall be allowed to the
11.25defendant on the appeal which shall be paid by the governmental unit responsible for the
11.26prosecution involved in accordance with paragraph (b).
11.27(b) By January 15, 2013, and every year thereafter, the chief judge of the judicial
11.28district, after consultation with city and county attorneys, the chief public defender, and
11.29members of the private bar in the district, shall establish a reimbursement rate for attorney
11.30fees and costs associated with representation under paragraph (a). The compensation to
11.31be paid to an attorney for service rendered to a defendant under this subdivision may not
11.32exceed $5,000, exclusive of reimbursement for expenses reasonably incurred, unless
11.33payment in excess of that limit is certified by the chief judge of the district as necessary to
11.34provide fair compensation for services of an unusual character or duration.
12.1 Sec. 18. REPEALER.
12.2Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed.
1.3representation, appointment, and reimbursement obligations; outlining financial
1.4responsibility for public defender costs, cost for counsel in CHIPS cases, pretrial
1.5appeals costs, and standby counsel costs;amending Minnesota Statutes 2010,
1.6sections 244.052, subdivision 6; 257.69, subdivision 1; 260B.163, subdivision
1.74; 260B.331, subdivision 5; 260C.163, subdivision 3; 260C.331, subdivision 5;
1.8609.115, subdivision 4; 609.131, subdivision 1; 611.14; 611.16; 611.17; 611.18;
1.9611.20, subdivision 4; 611.25, subdivision 1; 611.26, subdivision 6; 611.27,
1.10subdivision 5, by adding a subdivision; repealing Minnesota Statutes 2010,
1.11section 611.20, subdivision 6.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 6, is amended to read:
1.14 Subd. 6. Administrative review. (a) An offender assigned or reassigned to
1.15risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek
1.16administrative review of an end-of-confinement review committee's risk assessment
1.17determination. The offender must exercise this right within 14 days of receiving notice
1.18of the committee's decision by notifying the chair of the committee. Upon receiving the
1.19request for administrative review, the chair shall notify: (1) the offender; (2) the victim
1.20or victims of the offender's offense who have requested disclosure or their designee; (3)
1.21the law enforcement agency that investigated the offender's crime of conviction or, where
1.22relevant, the law enforcement agency having primary jurisdiction where the offender was
1.23committed; (4) the law enforcement agency having jurisdiction where the offender expects
1.24to reside, providing that the release plan has been approved by the hearings and release
1.25unit of the department of corrections; and (5) any other individuals the chair may select.
1.26The notice shall state the time and place of the hearing. A request for a review hearing
2.1shall not interfere with or delay the notification process under subdivision 4 or 5, unless
2.2the administrative law judge orders otherwise for good cause shown.
2.3(b) An offender who requests a review hearing must be given a reasonable
2.4opportunity to prepare for the hearing. The review hearing shall be conducted on the
2.5record before an administrative law judge. The review hearing shall be conducted at
2.6the correctional facility in which the offender is currently confined. If the offender no
2.7longer is incarcerated, the administrative law judge shall determine the place where the
2.8review hearing will be conducted. The offender has the burden of proof to show, by a
2.9preponderance of the evidence, that the end-of-confinement review committee's risk
2.10assessment determination was erroneous. The attorney general or a designee shall defend
2.11the end-of-confinement review committee's determination. The offender has the right to
2.12be present
2.13of the offender's position, to call supporting witnesses and to cross-examine witnesses
2.14testifying in support of the committee's determination.
2.15
2.16(c) After the hearing is concluded, the administrative law judge shall decide
2.17whether the end-of-confinement review committee's risk assessment determination
2.18was erroneous and, based on this decision, shall either uphold or modify the review
2.19committee's determination. The judge's decision shall be in writing and shall include
2.20the judge's reasons for the decision. The judge's decision shall be final and a copy of it
2.21shall be given to the offender, the victim, the law enforcement agency, and the chair of
2.22the end-of-confinement review committee.
2.23(d) The review hearing is subject to the contested case provisions of chapter 14.
2.24(e) The administrative law judge may seal any portion of the record of the
2.25administrative review hearing to the extent necessary to protect the identity of a victim of
2.26or witness to the offender's offense.
2.27EFFECTIVE DATE.This section is effective August 1, 2012, and applies to review
2.28hearings requested on or after that date.
2.29 Sec. 2. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
2.30 Subdivision 1. Representation by counsel. In all proceedings under sections
2.32represent the public authority.
2.33
2.34appoint counsel for a party who would be financially unable to obtain counsel under the
3.1guidelines set forth in section 611.17. The representation of appointed counsel is limited
3.2in scope to the issue of establishment of parentage.
3.3 Sec. 3. Minnesota Statutes 2010, section 260B.163, subdivision 4, is amended to read:
3.4 Subd. 4. Appointment of counsel. (a) The child, parent, guardian or custodian has
3.5the right to effective assistance of counsel in connection with a proceeding in juvenile
3.6court. This right does not apply to a child who is charged with a juvenile petty offense
3.7as defined in section
3.8or subsequent juvenile alcohol or controlled substance offense and may be subject to the
3.9alternative disposition described in section
3.10(b) The court shall appoint counsel, or standby counsel if the child waives the right
3.11to counsel, for a child who is:
3.12(1) charged by delinquency petition with a gross misdemeanor or felony offense; or
3.13(2) the subject of a delinquency proceeding in which out-of-home placement has
3.14been proposed.
3.15(c)
3.16to represent the child under section 611.14, clause (4), or the parents or guardian in any
3.17case in which it feels that such an appointment is appropriate if the person would be
3.18financially unable to obtain counsel under the guidelines set forth in section 611.17, except
3.19a juvenile petty offender who does not have the right to counsel under paragraph (a). If the
3.20court appoints standby or advisory counsel, the cost of counsel shall be paid for by the
3.21Office of the State Court Administrator with state funds or, if the prosecutor requests the
3.22appointment, by the governmental unit conducting the prosecution. In no event may the
3.23court order the Board of Public Defense to pay the cost of standby or advisory counsel.
3.24(d) Counsel for the child shall not also act as the child's guardian ad litem.
3.25 Sec. 4. Minnesota Statutes 2010, section 260B.331, subdivision 5, is amended to read:
3.26 Subd. 5. Attorneys fees. (a) In proceedings in which the court has appointed
3.27counsel pursuant to section
3.28counsel, the court
3.29services and, after giving the parents a reasonable opportunity to be heard, may order
3.30the parents to pay attorneys fees.
3.31(b) The court may order a parent under paragraph (a) to reimburse the state for the
3.32cost of the child's appointed counsel. In determining the amount of reimbursement, the
3.33court shall consider the parent's income, assets, and employment. If reimbursement is
3.34required under this subdivision, the court shall order the reimbursement when counsel
4.1is first appointed or as soon as possible after the court determines that reimbursement
4.2is required. The court may accept partial reimbursement from a parent if the parent's
4.3financial circumstances warrant establishing a reduced reimbursement schedule. If the
4.4parent does not agree to make payments, the court may order the parent's employer to
4.5withhold a percentage of the parent's income to be turned over to the court.
4.6 Sec. 5. Minnesota Statutes 2010, section 260C.163, subdivision 3, is amended to read:
4.7 Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has
4.8the right to effective assistance of counsel in connection with a proceeding in juvenile
4.9court as provided in this subdivision.
4.10(b) Except in proceedings where the sole basis for the petition is habitual truancy, if
4.11the child, parent, guardian, or custodian desires counsel but is unable to employ it, the
4.12court shall appoint counsel to represent the child who is ten years of age or older under
4.13section 611.14, clause (4), or the
4.14case in which it feels that such an appointment is appropriate if the person would be
4.15financially unable to obtain counsel under the guidelines set forth in section 611.17.
4.16(c) In any proceeding where the sole basis for the petition is habitual truancy, the
4.17child, parent, guardian, and custodian do not have the right to appointment of a public
4.18defender or other counsel at public expense. However, before any out-of-home placement,
4.19including foster care or inpatient treatment, can be ordered, the court must appoint a
4.20public defender or other counsel at public expense in accordance with
4.21this subdivision.
4.22(d) Counsel for the child shall not also act as the child's guardian ad litem.
4.23(e) In any proceeding where the subject of a petition for a child in need of
4.24protection or services is not represented by an attorney, the court shall determine the
4.25child's preferences regarding the proceedings, if the child is of suitable age to express
4.26a preference.
4.27(f) Court-appointed counsel for the parent, guardian, or custodian under this
4.28subdivision is at county expense. If the county has contracted with counsel meeting
4.29qualifications under paragraph (g), the court shall appoint the counsel retained by the
4.30county, unless a conflict of interest exists. If a conflict exists, after consulting with the
4.31chief judge of the judicial district or the judge's designee, the county shall contract with
4.32competent counsel to provide the necessary representation. The court may appoint only
4.33one counsel at public expense for the first court hearing to represent the interests of the
4.34parents, guardians, and custodians, unless, at anytime during the proceedings upon petition
4.35of a party, the court determines and makes written findings on the record that extraordinary
5.1circumstances exist that require counsel to be appointed to represent a separate interest of
5.2other parents, guardians, or custodians subject to the jurisdiction of the juvenile court.
5.3(g) Counsel retained by the county under paragraph (f) must meet the qualifications
5.4established by the Judicial Council in at least one of the following: (1) has a minimum of
5.5two years' experience handling child protection cases; (2) has training in handling child
5.6protection cases from a course or courses approved by the Judicial Council; or (3) is
5.7supervised by an attorney who meets the minimum qualifications under clause (1) or (2).
5.8 Sec. 6. Minnesota Statutes 2010, section 260C.331, subdivision 5, is amended to read:
5.9 Subd. 5. Attorneys fees. (a) In proceedings in which the court has appointed
5.10counsel pursuant to
5.11minor unable to employ counsel, the court
5.12to pay for such counsel's services and, after giving the parents a reasonable opportunity
5.13to be heard, may order the parents to pay attorneys fees.
5.14(b) In proceedings in which the court has appointed counsel pursuant to section
5.15260C.163, subdivision 3, for a parent, guardian, or custodian, the court shall inquire into
5.16the ability of the parents, guardians, or custodians to pay for such counsel's services and,
5.17after giving these persons a reasonable opportunity to be heard, may order the appropriate
5.18person to pay attorneys fees.
5.19(c) The court may order the appropriate person or persons under paragraph (a) or (b),
5.20or both, to reimburse the governmental unit providing counsel for the cost of appointed
5.21counsel. In determining the amount of reimbursement, the court shall consider the
5.22appropriate person's income, assets, and employment. If reimbursement is required under
5.23this subdivision, the court shall order the reimbursement when counsel is first appointed or
5.24as soon as possible after the court determines that reimbursement is required. The court
5.25may accept partial reimbursement from a person if the person's financial circumstances
5.26warrant establishing a reduced reimbursement schedule. If the person does not agree to
5.27make payments, the court may order the person's employer to withhold a percentage of the
5.28person's income to be turned over to the court.
5.29 Sec. 7. Minnesota Statutes 2010, section 609.115, subdivision 4, is amended to read:
5.30 Subd. 4. Confidential sources of information. (a) Any report made pursuant to
5.31subdivision 1 shall be, if written, provided to counsel for all parties before sentence.
5.32The written report shall not disclose confidential sources of information unless the
5.33court otherwise directs. On the request of the prosecuting attorney or the defendant's
5.34attorney a summary hearing in chambers shall be held on any matter brought in issue,
6.1but confidential sources of information shall not be disclosed unless the court otherwise
6.2directs. If the presentence report is given orally the defendant or the defendant's attorney
6.3shall be permitted to hear the report.
6.4(b) Any report made under subdivision 1 or 2 shall be provided to counsel for
6.5the defendant for purposes of representing the defendant on any appeal or petition for
6.6postconviction relief. The reports shall be provided by the court and the commissioner of
6.7corrections at no cost to the defendant or the defendant's attorney.
6.8 Sec. 8. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
6.9 Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
6.10misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
6.11believes that it is in the interest of justice that the defendant not be imprisoned if convicted
6.12and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
6.13and the court approves of the certification motion. Prior to the appointment of a public
6.14defender to represent a defendant charged with a misdemeanor, the court shall inquire of
6.15the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
6.16The defendant's consent to the certification is not required. When an offense is certified
6.17as a petty misdemeanor under this section, the
6.18
6.19eligible for the appointment of a public defender.
6.20 Sec. 9. Minnesota Statutes 2010, section 611.14, is amended to read:
6.21611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
6.22 The following persons who are financially unable to obtain counsel are entitled to be
6.23represented by a public defender:
6.24 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
6.25person charged under sections
6.26 (2) a person appealing from a conviction of a felony
6.27misdemeanor, or a person convicted of a felony
6.28who is pursuing a postconviction proceeding and who has not already had a direct appeal
6.29of the conviction;
6.30 (3) a person who is entitled to be represented by counsel under section
6.31subdivision 2
6.32 (4) a minor ten years of age or older who is entitled to be represented by counsel
6.33under section
7.1EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
7.2offenses committed on or after that date.
7.3 Sec. 10. Minnesota Statutes 2010, section 611.16, is amended to read:
7.4611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
7.5Any person described in section
7.6
7.7or the court in which the conviction occurred, to appoint a public defender to represent
7.8the person.
7.9
7.10 Sec. 11. Minnesota Statutes 2010, section 611.17, is amended to read:
7.11611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
7.12STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
7.13 (a) Each judicial district must screen requests for representation by the district public
7.14defender. A defendant is financially unable to obtain counsel if:
7.15 (1) the defendant
7.16
7.17with a misdemeanor and has an annual household income not greater than 125 percent of
7.18the poverty guidelines updated periodically in the Federal Register by the United States
7.19Department of Health and Human Services under the authority of United States Code,
7.20title 42, section 9902(2);
7.21(2) the defendant is charged with a gross misdemeanor and has an annual household
7.22income not greater than 150 percent of the poverty guidelines updated periodically in the
7.23Federal Register by the United States Department of Health and Human Services under
7.24the authority of United States Code, title 42, section 9902(2);
7.25(3) the defendant is charged with a felony and has an annual household income not
7.26greater than 175 percent of the poverty guidelines updated periodically in the Federal
7.27Register by the United States Department of Health and Human Services under the
7.28authority of United States Code, title 42, section 9902(2); or
7.29
7.30assets and current income, would be unable to pay the reasonable costs charged by private
7.31counsel in that judicial district for a defense of the same matter.
7.32 (b) Upon a request for the appointment of counsel, the court shall make an
7.33appropriate
7.34paragraph (a) of the applicant, who shall submit a financial statement under oath or
8.1affirmation setting forth the applicant's assets and liabilities, including the value of any
8.2real property owned by the applicant, whether homestead or otherwise, less the amount of
8.3any encumbrances on the real property, the source or sources of income, and any other
8.4information required by the court. The applicant shall be under a continuing duty while
8.5represented by a public defender to disclose any changes in the applicant's financial
8.6circumstances that might be relevant to the applicant's eligibility for a public defender.
8.7The state public defender shall furnish appropriate forms for the financial statements,
8.8which must be used by the district courts throughout the state. The forms must contain
8.9conspicuous notice of the applicant's continuing duty to disclose to the court changes in the
8.10applicant's financial circumstances. The forms must also contain conspicuous notice of the
8.11applicant's obligation to make a co-payment for the services of the district public defender,
8.12as specified under paragraph (c). The information contained in the statement shall be
8.13confidential and for the exclusive use of the court and the public defender
8.14
8.15refusal to execute the financial statement or produce financial records constitutes a waiver
8.16of the right to the appointment of a public defender. The court shall not appoint a
8.17public defender to a defendant who is financially able to retain private counsel but refuses
8.18to do so, refuses to execute the financial statement or refuses to provide information
8.19necessary to determine financial eligibility under this section, or waives the appointment
8.20of a public defender under section 611.19.
8.21 An inquiry to determine financial eligibility of a defendant for the appointment of
8.22the district public defender shall be made whenever possible prior to the court appearance
8.23and by such persons as the court may direct. This inquiry may be combined with the
8.24prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
8.25subdivision 3. In no case shall the district public defender be required to perform this
8.26inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
8.27conduct a financial inquiry. The inquiry must include the following:
8.28 (1) the liquidity of real estate assets, including the defendant's homestead;
8.29 (2) any assets that can be readily converted to cash or used to secure a debt;
8.30 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
8.31conveyance; and
8.32 (4) the value of all property transfers occurring on or after the date of the alleged
8.33offense or notice of the action. The burden is on the accused to show that the accused is
8.34financially unable to afford counsel. Defendants who fail to provide information necessary
8.35to determine eligibility shall be deemed ineligible. The court must not appoint the district
8.36public defender as advisory counsel or standby counsel. If the court appoints advisory
9.1or standby counsel, the cost of counsel shall be paid for by the Office of the State Court
9.2Administrator or, if the prosecutor requests the appointment, by the governmental unit
9.3conducting the prosecution. In no event may the court order the Board of Public Defense
9.4to pay the cost of advisory or standby counsel.
9.5 (c) Upon disposition of the case, an individual who has received public defender
9.6services shall pay to the court a $75 co-payment for representation provided by a public
9.7defender, unless the co-payment is, or has been, reduced in part or waived by the court.
9.8 The co-payment must be credited to the general fund. If a term of probation is
9.9imposed as a part of an offender's sentence, the co-payment required by this section must
9.10not be made a condition of probation. The co-payment required by this section is a civil
9.11obligation and must not be made a condition of a criminal sentence.
9.12 Sec. 12. Minnesota Statutes 2010, section 611.18, is amended to read:
9.13611.18 APPOINTMENT OF PUBLIC DEFENDER.
9.14If it appears to a court that a person requesting the appointment of counsel satisfies
9.15the requirements of this chapter, the court shall order the
9.16represent the person
9.17person appealing from a conviction, or a person pursuing a postconviction proceeding
9.18and who has not already had a direct appeal of the conviction, according to the standards
9.19of sections
9.20
9.22represent that person.
9.23
9.24
9.25
9.26
9.27
9.28whom the defendant had retained, the court may appoint the
9.29to represent the defendant, as provided in this section. Prior to any court appearance, a
9.30public defender may represent a person accused of violating the law, who appears to be
9.31financially unable to obtain counsel, and shall continue to represent the person unless it
9.32is subsequently determined that the person is financially able to obtain counsel. The
9.33representation may be made available at the discretion of the public defender, upon the
9.34request of the person or someone on the person's behalf. Any law enforcement officer may
9.35notify the public defender of the arrest of any such person.
10.1 Sec. 13. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
10.2 Subd. 4. Employed defendants; ability to pay. (a) A court
10.3a defendant
10.4
10.5public defender. In determining the amount of reimbursement, the court shall consider
10.6the defendant's income, assets, and employment. If reimbursement is required under
10.7this subdivision, the court shall order the reimbursement when a public defender is first
10.8appointed or as soon as possible after the court determines that reimbursement is required.
10.9The court may accept partial reimbursement from the defendant if the defendant's financial
10.10circumstances warrant establishing a reduced reimbursement schedule.
10.11
10.12
10.13defendant's employer to withhold a percentage of the defendant's income to be turned over
10.14to the court.
10.15(b) If a court determines under section 611.17 that a defendant is financially unable to
10.16pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
10.17the court shall evaluate the defendant's ability to make partial payments or reimbursement.
10.18 Sec. 14. Minnesota Statutes 2010, section 611.25, subdivision 1, is amended to read:
10.19 Subdivision 1. Representation. (a) The chief appellate public defender shall
10.20represent, without charge:
10.21 (1) a defendant or other person appealing from a conviction of a felony
10.22misdemeanor, or misdemeanor;
10.23 (2) a person convicted of a felony
10.24pursuing a postconviction proceeding and who has not already had a direct appeal of
10.25the conviction; and
10.26 (3) a child who is appealing from a delinquency adjudication or from an extended
10.27jurisdiction juvenile conviction.
10.28 (b) The chief appellate public defender may represent, without charge, all other
10.29persons pursuing a postconviction remedy under section
10.30unable to obtain counsel.
10.31 (c) The chief appellate public defender shall not represent a person in any action or
10.32proceeding in which a party is seeking a monetary judgment, recovery or award.
10.33EFFECTIVE DATE.This section is effective August 1, 2012, and applies to
10.34offenses committed on or after that date.
11.1 Sec. 15. Minnesota Statutes 2010, section 611.26, subdivision 6, is amended to read:
11.2 Subd. 6. Persons defended. The district public defender shall represent, without
11.3charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when
11.4so directed by the district court. The district public defender shall also represent a minor
11.5ten years of age or older in the juvenile court when so directed by the juvenile court.
11.6The district public defender must not serve as advisory counsel or standby counsel. The
11.7juvenile court may not order the district public defender to represent a minor who is under
11.8the age of ten years, to serve as a guardian ad litem, or to represent a guardian ad litem.
11.9 Sec. 16. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
11.10 Subd. 5. District public defender budgets and county payment responsibility.
11.11The Board of Public Defense
11.12
11.13
11.14
11.15
11.16
11.17provide counsel in adult criminal and juvenile cases, as specified under section 611.14.
11.18The court shall not appoint counsel at county expense for representation under section
11.19611.14, except as provided in section 611.26, subdivision 3a, paragraph (c).
11.20 Sec. 17. Minnesota Statutes 2010, section 611.27, is amended by adding a subdivision
11.21to read:
11.22 Subd. 16. Appeal by prosecuting attorney; attorney fees. (a) When a prosecuting
11.23attorney appeals to the Court of Appeals, in any criminal case, from any pretrial order
11.24of the district court, reasonable attorney fees and costs incurred shall be allowed to the
11.25defendant on the appeal which shall be paid by the governmental unit responsible for the
11.26prosecution involved in accordance with paragraph (b).
11.27(b) By January 15, 2013, and every year thereafter, the chief judge of the judicial
11.28district, after consultation with city and county attorneys, the chief public defender, and
11.29members of the private bar in the district, shall establish a reimbursement rate for attorney
11.30fees and costs associated with representation under paragraph (a). The compensation to
11.31be paid to an attorney for service rendered to a defendant under this subdivision may not
11.32exceed $5,000, exclusive of reimbursement for expenses reasonably incurred, unless
11.33payment in excess of that limit is certified by the chief judge of the district as necessary to
11.34provide fair compensation for services of an unusual character or duration.
12.1 Sec. 18. REPEALER.
12.2Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed.
