House of Representatives

HB 2202

public defenders; conservatorship; representation

Sponsors: Representatives Carruthers: Binder, Voss, Senator Richardson

DPA	Committee on Judiciary
dp	Committee on Counties & Municipalities
DPA	Caucus and COW
X	Third Read
	As Passed the House

HB 2202 authorizes a county board of supervisors to expand the duties of county public defenders to include conservatorships.

Current Status

HB 2202 was amended in the Judiciary Committee to specify that public defenders are authorized to represent adults in a proceeding to determine whether it is necessary to appoint a conservator.

HB 2202 passed the Counties & Municipalities Committee unamended.

The Judiciary Committee amendment was adopted in the Committee of the Whole.

History

Section 11-584 of the Arizona Revised Statutes defines the duties that a public defender shall perform. These duties currently include offenses triable in the superior or justice courts, extradition hearings, sanity hearings, juvenile delinquency hearings, appeals to higher courts, and mental health hearings. In 2001, this section of law was amended to expand the duties of a public defender to include representing sexually violent persons in involuntary commitment hearings.

This provision was inadvertently not added to section 11-584 as amended by Laws 2000, chapter 32, section 2. This section of law will be effective until October 1, 2003.

Provisions

· Adds involuntary commitment hearings for sexually violent persons to the authorized duties of a public defender upon recommendation of the board of supervisors and appointment by the court to laws 2000, chapter 32, section 2.

· Allows a county board of supervisors to appoint county public defenders to act in matters of conservatorships for adults who are unable to manage their affairs or preserve their estates.

· States that public defenders may act as attorneys of adults who are allegedly unable to effectively manage their affairs in a proceeding to determine whether a conservator should be appointed for the adult.

· Allows a public defender to act in the proceedings if the court appoints the public defender and the board of supervisors advises the presiding judge of the county that the public defender is authorized to accept the appointment.

· Provides a conditional enactment that Section 11-584 as amended by Laws 2001, chapter 161, section 1 and section 2 is effective on October 1, 2003 (unless the condition specified in Laws 2001, chapter 185, section 3 which repeals the section if a particular appropriation is not made in fiscal year 2002-2003) is met.

· Makes technical and conforming changes.

HB 2202 was amended in the Judiciary Committee as follows:

· States that public defenders may act as attorneys of adults who are allegedly unable to effectively manage their affairs in a proceeding to determine whether a conservator should be appointed for the adult.

· Allows a public defender to act in the proceedings if the court appoints the public defender and the board of supervisors advises the presiding judge of the county that the public defender is authorized to accept the appointment.

The Judiciary Committee amendment was adopted in the Committee of the Whole.

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45th Legislature

Second Regular Session 2 April 6, 2002

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