Bill Text: MN SF1154 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Public defender representation provisions modifications
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2011-04-11 - Referred to Judiciary and Public Safety [SF1154 Detail]
Download: Minnesota-2011-SF1154-Introduced.html
1.2relating to public safety; modifying provisions providing for representation by a
1.3public defender; amending Minnesota Statutes 2010, sections 611.14; 611.16;
1.4611.18; 611.27, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 611.14, is amended to read:
1.7611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
1.8 The following persons who are financially unable to obtain counsel are entitled to be
1.9represented by a public defender:
1.10 (1) a person charged with afelony, gross misdemeanor, or misdemeanor crime,
1.11including a person charged under sections629.01 to
629.29 , or a person eligible under
1.12section 611.18;
1.13 (2) a person appealing from a conviction of a felony or gross misdemeanor, or
1.14a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
1.15proceeding and who has not already had a direct appeal of the conviction;
1.16 (3) a person who is entitled to be represented by counsel under section609.14,
1.17subdivision 2 ; or
1.18 (4) a minor ten years of age or older who is entitled to be represented by counsel
1.19under section260B.163, subdivision 4 , or
260C.163, subdivision 3 .
1.20 Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
1.21611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
1.22Any person described in section611.14 or any other person charged with a criminal
1.23offense entitled bylaw the state or the United States Constitution to representation by
2.1counsel, may at any time request the court in which the matter is pending, or the court
2.2in which the conviction occurred, to appoint a public defender to represent the person.
2.3In a proceeding defined byclause (2) of section
611.14 , clause (2), application for the
2.4appointment of a public defender may also be made to a judge of the Supreme Court.
2.5 Sec. 3. Minnesota Statutes 2010, section 611.18, is amended to read:
2.6611.18 APPOINTMENT OF PUBLIC DEFENDER.
2.7If it appears to a court that a person requesting the appointment of counsel satisfies
2.8the requirements of this chapter, the court shall order theappropriate public defender to
2.9represent the personat all further stages of the proceeding through appeal, if any. For a
2.10person appealing from a conviction, or a person pursuing a postconviction proceeding and
2.11who has not already had a direct appeal of the conviction, according to the standards of
2.12sections611.14 , clause (2), and
611.25, subdivision 1 , paragraph (a), clause (2), the state
2.13chief appellate public defender shall be appointed. For a personcovered by appealing
2.14from all other convictions or proceedings under section611.14 , clause (1), a (3), or (4), or
2.15responding to a pretrial appeal, or a person pursuing a postconviction proceeding who
2.16has not already had a direct appeal of the conviction, the chief district public defender
2.17shall be appointed to represent that person in the appeal.If (a) conflicting interests exist,
2.18(b) the district public defender for any other reason is unable to act, or (c) the interests
2.19of justice require, the state public defender may be ordered to represent a person. When
2.20the state public defender is directed by a court to represent a defendant or other person,
2.21the state public defender may assign the representation to any district public defender. If
2.22at any stage of the proceedings,including an appeal, the court finds that the defendant is
2.23financially unable to pay counsel whom the defendant had retained, the court may appoint
2.24theappropriate public defender to represent the defendant, as provided in this section.
2.25Prior to any court appearance, a public defender may represent a person accused of
2.26violating the law, who appears to be financially unable to obtain counsel, and shall continue
2.27to represent the person unless it is subsequently determined that the person is financially
2.28able to obtain counsel. The representation may be made available at the discretion of the
2.29public defender, upon the request of the person or someone on the person's behalf. Any
2.30law enforcement officer may notify the public defender of the arrest of any such person.
2.31 Sec. 4. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
2.32 Subd. 5. District public defender budgets and county payment responsibility.
2.33The board of public defensemay only shall fund all those items and services in necessary
2.34for the district public defenderbudgets which were included in the original budgets of
3.1district public defender offices as of January 1, 1990. All other public defense related
3.2costs remain the responsibility of the counties unless the state specifically appropriates
3.3for these. The cost of additional state funding of these items and services must be offset
3.4by reductions in local aids in the same manner as the original state takeover to satisfy
3.5its obligations under this chapter. Counties shall not pay and no court shall order any
3.6county to pay for representation of individuals charged with a crime unless the county has
3.7established a program for representation in criminal matters.
1.3public defender; amending Minnesota Statutes 2010, sections 611.14; 611.16;
1.4611.18; 611.27, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 611.14, is amended to read:
1.7611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
1.8 The following persons who are financially unable to obtain counsel are entitled to be
1.9represented by a public defender:
1.10 (1) a person charged with a
1.11including a person charged under sections
1.12section 611.18;
1.13 (2) a person appealing from a conviction of a felony or gross misdemeanor, or
1.14a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
1.15proceeding and who has not already had a direct appeal of the conviction;
1.16 (3) a person who is entitled to be represented by counsel under section
1.17subdivision 2
1.18 (4) a minor ten years of age or older who is entitled to be represented by counsel
1.19under section
1.20 Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
1.21611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
1.22Any person described in section
1.23offense entitled by
2.1counsel, may at any time request the court in which the matter is pending, or the court
2.2in which the conviction occurred, to appoint a public defender to represent the person.
2.3In a proceeding defined by
2.4appointment of a public defender may also be made to a judge of the Supreme Court.
2.5 Sec. 3. Minnesota Statutes 2010, section 611.18, is amended to read:
2.6611.18 APPOINTMENT OF PUBLIC DEFENDER.
2.7If it appears to a court that a person requesting the appointment of counsel satisfies
2.8the requirements of this chapter, the court shall order the
2.9represent the person
2.10person appealing from a conviction, or a person pursuing a postconviction proceeding and
2.11who has not already had a direct appeal of the conviction, according to the standards of
2.12sections
2.13chief appellate public defender shall be appointed. For a person
2.14from all other convictions or proceedings under section
2.15responding to a pretrial appeal, or a person pursuing a postconviction proceeding who
2.16has not already had a direct appeal of the conviction, the chief district public defender
2.17shall be appointed to represent that person in the appeal.
2.18
2.19
2.20
2.21
2.22at any stage of the proceedings,
2.23financially unable to pay counsel whom the defendant had retained, the court may appoint
2.24the
2.25
2.26
2.27
2.28
2.29
2.30
2.31 Sec. 4. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
2.32 Subd. 5. District public defender budgets and county payment responsibility.
2.33The board of public defense
2.34for the district public defender
3.1
3.2
3.3
3.4
3.5its obligations under this chapter. Counties shall not pay and no court shall order any
3.6county to pay for representation of individuals charged with a crime unless the county has
3.7established a program for representation in criminal matters.