Bill Text: MS SB2489 | 2016 | Regular Session | Introduced
Bill Title: Indigent criminal defense; required minimum training for certain attorneys appointed to represent.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2489 Detail]
Download: Mississippi-2016-SB2489-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division A
By: Senator(s) Simmons (12th)
Senate Bill 2489
AN ACT TO AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OFFICE OF PUBLIC DEFENDER TO APPROVE TRAINING AND CONTINUING EDUCATION CREDITS FOR ATTORNEYS APPOINTED TO REPRESENT INDIGENT CRIMINAL DEFENDANTS; TO REQUIRE CERTAIN TRAINING FOR ATTORNEYS APPOINTED TO REPRESENT INDIGENT CRIMINAL DEFENDANTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-201, Mississippi Code of 1972, is amended as follows:
43-21-201. (1) Each party shall have the right to be represented by counsel at all stages of the proceedings including, but not limited to, detention, adjudicatory and disposition hearings and parole or probation revocation proceedings. In delinquency matters the court shall appoint legal defense counsel who is not also a guardian ad litem for the same child. If the party is a child, the child shall be represented by counsel at all critical stages: detention, adjudicatory and disposition hearings; parole or probation revocation proceedings; and post-disposition matters. If indigent, the child shall have the right to have counsel appointed for him by the youth court.
(2) When a party first appears before the youth court, the judge shall ascertain whether he is represented by counsel and, if not, inform him of his rights including his right to counsel.
(3) An attorney appointed
to represent a delinquent child shall be required to complete annual juvenile
justice training that is approved by the * * * Office of
State Public Defender and the Mississippi Commission on Continuing Legal
Education. The * * * Office of State Public Defender and the
Mississippi Commission on Continuing Legal Education shall determine the amount
of juvenile justice training and continuing education required to fulfill the
requirements of this subsection. The * * * State Public
Defender shall maintain a roll of attorneys who have complied with the
training requirements and shall enforce the provisions of this subsection.
Should an attorney fail to complete the annual training requirement or fail to
attend the required training within six (6) months of being appointed to a
youth court case, the attorney shall be disqualified to serve and the youth
court shall immediately terminate the representation and appoint another
attorney. Attorneys appointed by a youth court to five (5) or fewer cases a
year are exempt from the requirements of this subsection.
(4) The child's attorney shall owe the same duties of undivided loyalty, confidentiality and competent representation to the child or minor as is due an adult client pursuant to the Mississippi Rules of Professional Conduct.
(5) An attorney shall enter his appearance on behalf of a party in the proceeding by filing a written notice of appearance with the youth court, by filing a pleading, notice or motion signed by counsel or by appearing in open court and advising the youth court that he is representing a party. After counsel has entered his appearance, he shall be served with copies of all subsequent pleadings, motions and notices required to be served on the party he represents. An attorney who has entered his appearance shall not be permitted to withdraw from the case until a timely appeal, if any, has been decided, except by leave of the court then exercising jurisdiction of the cause after notice of his intended withdrawal is served by him on the party he represents.
(6) Each designee appointed by a youth court judge shall be subject to the Code of Judicial Conduct and shall govern himself or herself accordingly.
SECTION 2. An attorney appointed to represent a person charged with a crime shall be required to complete annual indigent defense specific training that is provided by, or approved by, the Mississippi Office of State Public Defender and approved by the Mississippi Commission on Continuing Legal Education. The Office of State Public Defender shall determine the amount of indigent-defense-specific training and continuing education required to fulfill the requirements of this section and shall maintain a roll of attorneys who are in compliance with the training requirements and shall enforce the provisions of this section. Should an attorney fail to complete the annual training requirement or fail to attend the required training within six (6) months of entering into the representation of an indigent criminal defendant, the court with jurisdiction over the case shall immediately terminate the representation and an attorney who is in compliance with this section shall be appointed. An attorney who represents five (5) or fewer indigent criminal defendants in a year is exempt from the requirements of this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.
