2014 North Dakota Century Code Title 54 State Government Chapter 54-61 Commission on Legal Counsel for Indigents
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CHAPTER 54-61
COMMISSION ON LEGAL COUNSEL FOR INDIGENTS
54-61-01. 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. The
commission 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 the expiration 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.
1. 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) Standards prescribing minimum experience, training, and other
qualifications 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;
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(6)
2.
3.
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.
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.
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 shall contract 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 be removed for cause by a
majority vote of commission members.
2. The director shall:
a. 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;
and
h. Perform other duties as the commission may assign.
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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.
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