54-61 Commission on Legal Counsel for Indigents - North Dakota Statutes

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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
developing and monitoring a process for the delivery of state-funded legal counsel
services for indigents which are required under the Constitution of North Dakota and
the United States Constitution and any applicable statute or court rule.Thecommission shall provide indigent defense services for indigent individuals
determined by the court to be eligible for and in need of those services pursuant to
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
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
the chairman of the legislative management.c.Two members appointed by the chief justice of the supreme court, one of
whom must be appointed from a county with a population of not more than ten
thousand.d.One member appointed by the board of governors of the state bar association
of North Dakota.3.Appointing authorities shall make their initial appointments to the commission before
August 1, 2005.4.Initially, as determined by lot, one member will serve for one year, three members
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
shall make appointments for three-year terms. A member may not serve more than
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
criminal cases or other cases in which appointed counsel services are required or
should have demonstrated a commitment to quality representation in indigent
defense matters. Membership of the commission may not include any individual, or
the employee of that individual, who is actively serving as a judge, state's attorney,
assistant state's attorney, contract counsel or public defender, or law enforcement
officer.6.A member of the commission is entitled to reimbursement for travel and expenses
as provided by law for other state officers. If not otherwise employed by the state of
North Dakota, a member is entitled to receive per diem compensation of sixty-two
dollars and fifty cents for each day devoted to attending meetings or performing
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,
shall convene the commission's first meeting no later than August 15, 2005. The
members of the commission shall select the chairman of the commission within
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,
including:(1)Standards governing eligibility for indigent defense services;(2)Standards for maintaining and operating regional public defender offices
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
clients whose cases present conflicts of interest;(7)Standards for the reimbursement of expenses incurred by contract
counsel; and(8)Other standards considered necessary and appropriate to ensure the
delivery of adequate indigent defense services.b.Establish and implement a process of contracting for legal counsel services for
indigents.c.Establish public defender offices in the regions of the state as the commission
considers necessary and appropriate.d.Establish a method for accurately tracking and monitoring caseloads of contract
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
defense services in the county or city for those cases in which the county or city is
otherwise required to provide such services. Moneys received by the commission in
accordance with an agreement under this subsection must be deposited in the
indigent defense administration fund.3.The commission shall adopt rules for the exercise of its authority under this chapter
in a manner generally consistent with the notice and comment provisions of section
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
training, experience, and other qualifications considered appropriate. The director
must be an attorney licensed and eligible to practice law in this state at the time of
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
indigent defense services;b.Administer and coordinate delivery of indigent defense services and supervise
compliance with commission standards;c.Recommend the establishment of public defender offices when considered
necessary and appropriate to the delivery of adequate indigent defense
services;d.Conduct regular training programs for contract counsel and public defenders;e.Subject to policies and procedures established by the commission, hire the
professional, technical, and support personnel, including attorneys to serve as
public defenders, considered reasonably necessary for the efficient delivery of
indigent defense services;f.Prepare and submit to the commission a proposed biennial budget for the
provision of indigent defense services; an annual report containing pertinent
data on the operation, needs, and costs of the indigent defense contract system
and any established public defender offices; and any other information as the
commission may require;g.Submit the annual report required under subdivision f to the legislative council;
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
54-61-03 which are attorney work-product or otherwise subject to any attorney-client privilege are
confidential and may not be disclosed except in accordance with a court order or in response to
applicable discovery rules. All other case-related records are exempt from disclosure except as
otherwise provided in rules adopted by the commission. Information or records obtained by the
commission relating to allegations of misconduct by an attorney in the employ of, or providing
indigent services for, the commission are exempt from disclosure except as otherwise provided
in rules adopted by the commission unless and until the matter is referred for formal disposition
under rules adopted by the supreme court.Page No. 3Document Outlinechapter 54-61 commission on legal counsel for indigents