A bill for an act
relating to judiciary; modifying public defender law; removing payment by
defendant for public defender services; removing ad hoc Board of Public Defense;
amending conditions of the positions of certain public defenders; appropriating
money; amending Minnesota Statutes 2022, sections 611.17; 611.215, subdivision
2; 611.24; 611.26, subdivisions 2, 3, 3a, 4; 611.263, subdivision 1; 611.265; 611.27,
subdivisions 1, 8, 10, 11, 13, 16; Minnesota Statutes 2023 Supplement, sections
611.215, subdivision 1; 611.23; repealing Minnesota Statutes 2022, sections 611.20,
subdivisions 3, 4, 7; 611.25, subdivision 3; 611.27, subdivisions 6, 9, 12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 611.17, is amended to read:
(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:
(1) the defendant, or any dependent of the defendant who resides in the same household
as the defendant, receives means-tested governmental benefits; or
(2) the court determines that the defendant, through any combination of liquid assets
and current income, would be unable to pay the reasonable costs charged by private counsel
in that judicial district for a defense of the same matter.
(b) Upon a request for the appointment of counsel, the court shall make an appropriate
determination of financial eligibility under paragraph (a) of the applicant, who shall submit
a financial statement under oath or affirmation setting forth the applicant's assets and
liabilities, including the value of any real property owned by the applicant, whether
homestead or otherwise, less the amount of any encumbrances on the real property, the
source or sources of income, and any other information required by the court. The applicant
shall be under a continuing duty while represented by a public defender to disclose any
changes in the applicant's financial circumstances. The state public defender shall furnish
appropriate forms for the financial statements, which must be used by the district courts
throughout the state. The forms must contain conspicuous notice of the applicant's continuing
duty to disclose to the court changes in the applicant's financial circumstances. deleted text begin The forms
must also contain conspicuous notice of the applicant's obligation to make a co-payment
for the services of the district public defender, as specified under paragraph (c).deleted text end The
information contained in the statement shall be confidential and for the exclusive use of the
court and the public defender except for any prosecution under section 609.48. A refusal
to execute the financial statement or produce financial records constitutes a waiver of the
right to the appointment of a public defender. The court shall not appoint a public defender
to a defendant who is financially able to retain private counsel but refuses to do so, refuses
to execute the financial statement or refuses to provide information necessary to determine
financial eligibility under this section, or waives the appointment of a public defender under
section 611.19.
An inquiry to determine financial eligibility of a defendant for the appointment of the
district public defender shall be made whenever possible prior to the court appearance and
by such persons as the court may direct. This inquiry may be combined with the prerelease
investigation provided for in Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In
no case shall the district public defender be required to perform this inquiry or investigate
the defendant's assets or eligibility. The court has the sole duty to conduct a financial inquiry.
The inquiry must include the following:
(1) the liquidity of real estate assets, including the defendant's homestead;
(2) any assets that can be readily converted to cash or used to secure a debt;
(3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and
(4) the value of all property transfers occurring on or after the date of the alleged offense
or notice of the action. The burden is on the accused to show that the accused is financially
unable to afford counsel. Defendants who fail to provide information necessary to determine
eligibility shall be deemed ineligible. The court must not appoint the district public defender
as advisory counsel or standby counsel. If the court appoints advisory or standby counsel,
the cost of counsel shall be paid for by the Office of the State Court Administrator or, if the
prosecutor requests the appointment, by the governmental unit conducting the prosecution.
In no event may the court order the Board of Public Defense to pay the cost of advisory or
standby counsel.
deleted text begin
(c) Upon disposition of the case, an individual who has received public defender services
shall pay to the court a $75 co-payment for representation provided by a public defender,
unless the co-payment is, or has been, reduced in part or waived by the court.
deleted text end
deleted text begin
The co-payment must be credited to the general fund. If a term of probation is imposed
as a part of an offender's sentence, the co-payment required by this section must not be
made a condition of probation. The co-payment required by this section is a civil obligation
and must not be made a condition of a criminal sentence.
deleted text end
Minnesota Statutes 2023 Supplement, section 611.215, subdivision 1, is amended
to read:
(a) The State Board of Public Defense is a part
of, but is not subject to the administrative control of, the judicial branch of government.
The State Board of Public Defense shall consist of nine members including:
(1) five attorneys admitted to the practice of law, well acquainted with the defense of
persons accused of crime, but not employed as prosecutors, appointed by the supreme court,
of which one must be a retired or former public defender within the past five years; and
(2) four public members appointed by the governor.
The appointing authorities may not appoint a person who is a judge to be a member of
the State Board of Public Defensedeleted text begin , other than as a member of the ad hoc Board of Public
Defensedeleted text end .
(b) All members shall demonstrate an interest in maintaining a high quality, independent
defense system for those who are unable to obtain adequate representation. Appointments
to the board shall include qualified women and members of minority groups. At least deleted text begin threedeleted text end new text begin
fournew text end members of the board shall be from judicial districts other than the First, Second,
Fourth, and Tenth Judicial Districts. The terms, compensation, and removal of members
shall be as provided in section 15.0575. The chair shall be elected by the members from
among the membership for a term of two years.
deleted text begin
(c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc
board when considering the appointment of district public defenders under section 611.26,
subdivision 2. The terms of chief district public defenders currently serving shall terminate
in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Meetings of the board are subject to chapter 13D.
Minnesota Statutes 2022, section 611.215, subdivision 2, is amended to read:
(a) The board shall approve and recommend to
the legislature a budget for the board, the office of state public defender, the judicial district
public defenders, and the public defense corporations.
(b) The board shall establish procedures for distribution of state funding under this
chapter to the state and district public defenders and to the public defense corporations.
(c) The state public defender with the approval of the board shall establish standards for
the offices of the state and district public defenders deleted text begin and for the conduct of all appointed
counsel systemsdeleted text end . The standards must include, but are not limited to:
(1) standards needed to maintain and operate an office of public defender including
requirements regarding the qualifications, training, and size of the legal and supporting staff
deleted text begin for a public defender or appointed counsel systemdeleted text end ;
(2) standards for public defender caseloads;
deleted text begin
(3) standards and procedures for the eligibility for appointment, assessment, and collection
of the costs for legal representation provided by public defenders or appointed counsel;
deleted text end
deleted text begin
(4) standards for contracts between a board of county commissioners and a county public
defender system for the legal representation of indigent person