§ 16-87-307 - Conflicts of interest. - Arkansas Statutes

16-87-307. Conflicts of interest.

(a) If a court determines that a conflict of interest exists between an indigent person and a public defender, the case shall be reassigned as follows:

(1) If there is within the county or judicial district another public defender, the appointment of whom would not create a conflict of interest, the judge shall appoint that public defender to defend the person;

(2) If there is no other public defender within the county or judicial district eligible to represent the person, the judge shall notify the Arkansas Public Defender Commission, which may appoint a public defender from an adjacent area; or

(3) A private attorney may be appointed by the judge who shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.

(b) The commission shall continue to maintain a list of private attorneys based upon their qualifications for acceptance of appointment.

(c) (1) A list for each judicial district shall be prepared, certified, and updated annually by the commission.

(2) A separate list of attorneys throughout the state qualified and willing to accept appointment as lead counsel in capital cases shall be prepared, certified, and updated annually by the commission.

(3) The commission shall create a second list of attorneys who may be appointed to assist the lead counsel.

(4) The commission shall create and maintain a list of attorneys who are qualified and willing to accept appointment as lead counsel in actions under Rule 37.5 of the Arkansas Rules of Criminal Procedure.