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54-61 Commission on Legal Counsel for Indigents

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CHAPTER 54-61COMMISSION ON LEGAL COUNSEL FOR INDIGENTS54-61-01. Commission on legal counsel for indigents - Membership.1.The commission on legal counsel for indigents is established for the purpose of<br>developing and monitoring a process for the delivery of state-funded legal counsel<br>services for indigents which are required under the Constitution of North Dakota and<br>the United States Constitution and any applicable statute or court rule.Thecommission shall provide indigent defense services for indigent individuals<br>determined by the court to be eligible for and in need of those services pursuant to<br>the standards and policies of the commission governing eligibility for such services.2.The commission consists of the following members:a.Two members appointed by the governor, one of whom must be appointed<br>from a county with a population of not more than ten thousand.b.Two members of the legislative assembly, one from each house, appointed by<br>the chairman of the legislative management.c.Two members appointed by the chief justice of the supreme court, one of<br>whom must be appointed from a county with a population of not more than ten<br>thousand.d.One member appointed by the board of governors of the state bar association<br>of North Dakota.3.Appointing authorities shall make their initial appointments to the commission before<br>August 1, 2005.4.Initially, as determined by lot, one member will serve for one year, three members<br>will serve for two years, and three members will serve for three years.At theexpiration of the initial terms, the appointing authorities designated in subsection 2<br>shall make appointments for three-year terms. A member may not serve more than<br>two consecutive three-year terms plus any initial term of less than three years.5.Individuals appointed to the commission should have experience in the defense of<br>criminal cases or other cases in which appointed counsel services are required or<br>should have demonstrated a commitment to quality representation in indigent<br>defense matters. Membership of the commission may not include any individual, or<br>the employee of that individual, who is actively serving as a judge, state's attorney,<br>assistant state's attorney, contract counsel or public defender, or law enforcement<br>officer.6.A member of the commission is entitled to reimbursement for travel and expenses<br>as provided by law for other state officers. If not otherwise employed by the state of<br>North Dakota, a member is entitled to receive per diem compensation of sixty-two<br>dollars and fifty cents for each day devoted to attending meetings or performing<br>other duties relating to the official business of the commission.7.One of the two appointees of the chief justice, as determined by the chief justice,<br>shall convene the commission's first meeting no later than August 15, 2005. The<br>members of the commission shall select the chairman of the commission within<br>thirty days after the commission's first meeting and annually thereafter.54-61-02. Commission responsibilities.Page No. 11.The commission shall:a.Develop standards governing the delivery of indigent defense services,<br>including:(1)Standards governing eligibility for indigent defense services;(2)Standards for maintaining and operating regional public defender offices<br>if established;(3)Standardsprescribingminimumexperience,training,andotherqualifications for contract counsel and public defenders;(4)Standards for contract counsel and public defender caseloads;(5)Standards for the evaluation of contract counsel and public defenders;(6)Standards for independent, competent, and efficient representation of<br>clients whose cases present conflicts of interest;(7)Standards for the reimbursement of expenses incurred by contract<br>counsel; and(8)Other standards considered necessary and appropriate to ensure the<br>delivery of adequate indigent defense services.b.Establish and implement a process of contracting for legal counsel services for<br>indigents.c.Establish public defender offices in the regions of the state as the commission<br>considers necessary and appropriate.d.Establish a method for accurately tracking and monitoring caseloads of contract<br>counsel and public defenders.e.Approve and submit a biennial budget request to the office of the budget.2.Upon the request of a county or city, the commission may agree to provide indigent<br>defense services in the county or city for those cases in which the county or city is<br>otherwise required to provide such services. Moneys received by the commission in<br>accordance with an agreement under this subsection must be deposited in the<br>indigent defense administration fund.3.The commission shall adopt rules for the exercise of its authority under this chapter<br>in a manner generally consistent with the notice and comment provisions of section<br>28-32-11.54-61-02.1. Contract services. The commission on legal counsel for indigents shallcontract for public defender services at a minimum level of fifty percent of its biennial caseload.54-61-03. Commission director - Responsibilities.1.The commission shall appoint a director who must be chosen on the basis of<br>training, experience, and other qualifications considered appropriate. The director<br>must be an attorney licensed and eligible to practice law in this state at the time of<br>appointment and at all times during service as director.The director may beremoved for cause by a majority vote of commission members.2.The director shall:Page No. 2a.Assist the commission in developing standards for the delivery of adequate<br>indigent defense services;b.Administer and coordinate delivery of indigent defense services and supervise<br>compliance with commission standards;c.Recommend the establishment of public defender offices when considered<br>necessary and appropriate to the delivery of adequate indigent defense<br>services;d.Conduct regular training programs for contract counsel and public defenders;e.Subject to policies and procedures established by the commission, hire the<br>professional, technical, and support personnel, including attorneys to serve as<br>public defenders, considered reasonably necessary for the efficient delivery of<br>indigent defense services;f.Prepare and submit to the commission a proposed biennial budget for the<br>provision of indigent defense services; an annual report containing pertinent<br>data on the operation, needs, and costs of the indigent defense contract system<br>and any established public defender offices; and any other information as the<br>commission may require;g.Submit the annual report required under subdivision f to the legislative council;<br>andh.Perform other duties as the commission may assign.54-61-04. Records, files, and information - Accessibility - Confidentiality. Any file,record, or information regarding representation of a party under sections 54-61-01 through<br>54-61-03 which are attorney work-product or otherwise subject to any attorney-client privilege are<br>confidential and may not be disclosed except in accordance with a court order or in response to<br>applicable discovery rules. All other case-related records are exempt from disclosure except as<br>otherwise provided in rules adopted by the commission. Information or records obtained by the<br>commission relating to allegations of misconduct by an attorney in the employ of, or providing<br>indigent services for, the commission are exempt from disclosure except as otherwise provided<br>in rules adopted by the commission unless and until the matter is referred for formal disposition<br>under rules adopted by the supreme court.Page No. 3Document Outlinechapter 54-61 commission on legal counsel for indigents