No. CS/CS/HB 177
Filed under Legal.
Offices of Criminal Conflict and Civil Regional Counsel; Requires offices of criminal conflict & civil regional counsel to provide notice to court in certain circumstances; authorizes courts to appoint office of criminal conflict & civil regional counsel from another region to represent defendant if certain requirements are met; requires court to appoint private counsel under certain circumstances; requires JAC to pay appointed office of criminal conflict & civil regional counsel for due process costs & services, subject to legislative appropriation; requires appointed counsel to provide certain documentation to JAC in order to receive payment or reimbursement.
Plain English Summary
AI-GENERATEDIn capital cases, if the appointed public defender has a conflict, the court must now seek a replacement from another region before hiring private counsel.
The Justice Administrative Commission must pay for all due process costs for these cross-regional appointments, provided the legislature appropriates the necessary funds.
Regional counsel must certify that all expenses are case-related and submit documentation to receive reimbursement from the state.
The bill updates a cross-reference in the incapacity statute to point to the renumbered public defender appointment rules.
AICreates a new duty for the appointed public defender to immediately notify the court if a conflict of interest arises in a capital case.
AIPermits the court to appoint a public defender from a different region to take over a death penalty case, subject to that office's consent.
AIRequires the judge to appoint a private attorney if an out-of-region public defender cannot be secured for the defendant.
AIRequires the Justice Administrative Commission to pay for due process costs and services for out-of-region public defenders, subject to legislative appropriation.
AIRequires the regional counsel to certify that expenses are case-related and submit documentation to receive payment or reimbursement.
AIUpdates the statutory citation for attorney appointments in incapacity cases to reflect the renumbering of the public defender statute.