No. HB 1455
Filed under Legal.
Representation by Counsel in Hearings on Petitions for Risk Protection Orders; Provides respondent has right to be represented by an attorney in risk protection order proceeding & right to have counsel appointed if he or she is indigent & desires representation; authorizes appointed private attorney to be compensated; requires specified notice to respondent; authorizes public defender or regional counsel to represent respondent in specified circumstances; specifies a compensation limitation for appointed private counsel.
Plain English Summary
AI-GENERATEDA person facing a risk protection order petition gains the right to be represented by an attorney, and the court must appoint one at no cost if the respondent is indigent and wants representation.
The notice of hearing the court sends the respondent must now explain both of these rights, so a person cannot be left unaware that a lawyer, including a free one, is available.
A private attorney appointed to represent an indigent respondent can be paid for the work, but the total the state will pay is capped at $1,000 no matter how long the case takes.
Public defenders, and regional conflict counsel when the public defender cannot serve, are now required to represent indigent respondents in these cases, alongside the option of appointing a private attorney.
AIThe statute now explicitly states that a respondent has the right to be represented by an attorney in a risk protection order proceeding, where the law previously only said representation was not mandatory.
AIIf a respondent cannot afford an attorney and wants one, the court is now required to appoint counsel for them, using the same indigency procedure used elsewhere in the law.
AIA private attorney appointed to represent an indigent respondent in a risk protection order case cannot be paid more than $1,000 by the state for that representation, regardless of how much work the case requires.
AIBoth the public defender and, when the public defender has a conflict, the regional office of criminal conflict and civil regional counsel are now required to represent an indigent person named as the respondent in a risk protection order case.
AIThe notice of hearing that the court must send the respondent has to specifically explain the right to an attorney and the right to a court-appointed one if the respondent is indigent and wants representation.
AIThe general rule barring an award of attorney fees in these cases does not stop the state from compensating a private attorney appointed to represent an indigent respondent, clearing the way for the compensation scheme created elsewhere in this bill.
AIA person submitting evidence or recommendations in the case must send a copy to the respondent's attorney whether that attorney was privately retained or appointed by the court, not just to a retained one as before.