|Senate Counsel & Research||State of Minnesota|
|S.F. No. 300 - Public Defender Modifications (First Engrossment)|
|Author:||Senator Linda Higgins|
|Prepared by:||Chris Turner, Senate Research (651/296-4350)|
|Date:||February 9, 2008|
Section 1 strikes a reference to the public defender co-payment in the Revenue Recapture Act (the
co-payment was declared unconstitutional by the Minnesota Supreme Court).
Sections 2 and 3 strike language giving the State Public Defender discretion to not represent people in postconviction remedy proceedings.
Section 4 strikes language relating to the unconstitutional public defender co-payment and prohibits the public defender from charging a co-payment of any kind.
Section 5 corrects a reference to the definition of income in the child support statute for purposes of calculating public defender reimbursement.
Section 6 strikes archaic language relating to former members of the State Board of Public Defense.
Section 7 restores the appointment of the Chief Administrator to the Board of Public Defense, rather than the State Public Defender.
Section 8 moves existing language from another section relating to the duties of the State Public Defender.
Section 9 renames the Deputy State Public Defender as the "Chief Appellate Public Defender," in charge of the appellate office. Provides appointment by the State Board of Public Defense for a four-year term, with the current deputy serving the first term.
Section 10 removes discretion of Chief Appellate Public Defenders to decline to represent persons in postconviction remedy proceedings, as decided by the Minnesota Supreme Court. Strikes language relating to the State Public Defender, which is moved to another section.
Section 11 updates the terms of the Chief District Public Defenders, who are full-time employees who shall not engage in the outside practice of law.
Section 12 provides that if a court appoints advisory or standby counsel, according to the Rules of Criminal Procedure as determined in a Minnesota Supreme Court case, the county in which the proceedings are held must pay for that attorney.
Section 13 strikes language that Chief District Public Defenders may engage in the general practice of law if they are not full-time employees.
Section 14 is a conforming amendment to section 9.
Sections 15 and 16 strike obsolete references to county criminal justice aid, which has been repealed.
Section 17 removes references to public defender reimbursement, which is covered in another section.
Section 18 repeals Minnesota Statutes 2006, section 611.20, subdivision 5, relating to the $40 per hour reimbursement rate for public defender services.
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