capital postconviction
public defender office
HB 2605 establishes the State Capital Postconviction Public Defender Office.
Currently, the duties of a public defender include superior and justice court proceedings, juvenile delinquency and incorrigibility proceedings, appeals in higher courts and mental health hearings. The services of the public defender are performed without any cost to the defendant, although an indigent administrative assessment fee may be levied at the court’s discretion.
§ Adds involuntary commitment hearings to the duties of a public defender.
§ Establishes the state-funded State Capital Postconviction Public Defender Office.
§ Stipulates that the Governor shall appoint the State Capital Postconviction Public Defender on the basis of merit to serve one four year term.
§ Establishes the criteria for the State Capital Postconviction Public Defender.
§ Establishes the State Capital Postconviction Public Defender’s salary as equal to the Chief Counsel of the Capital Litigation Section in the office of the Attorney General.
§ Establishes the duties of the State Capital Postconviction Public Defender as follows:
ü Supervising the operation, activities, policies and procedures of the State Capital Postconviction Public Defender Office.
ü Shall submit an annual budget to the Legislature beginning in Fiscal Year 2003-2004.
ü Shall not engage in the private practice of law.
ü Shall allocate resources to postconviction relief proceedings if there is no conflict of interest and all state capital postconviction public defender attorneys are appointed to postconviction relief cases that are eligible for appointment of counsel.
ü Shall represent a person financially unable to employ counsel after a judgement of death is rendered.
ü Shall not handle postconviction relief cases in state court unless a conflict exists with the state capital postconviction public defender and the county public defender is appointed.
§ Stipulates that the State Capital Postconviction Public Defender may accept and spend public and private gifts for use in enhancing capital indigent defense representation and employ deputies and other employees and establish offices as needed.
§ Establishes the seven-member Nomination, Retention and Standards Commission on Indigent Defense.
§ Stipulates that each Commission member must retain the occupational status under which the member was appointed during each member’s term.
§ Stipulates that Commission members serve three-year terms.
§ Stipulates that the Governor may appoint a member if the required body does not.
§ Stipulates that upon a vacancy, the Commission must submit three names of nominees to the Governor for the office of State Capital Postconviction Public Defender.
§ Requires the Commission to study and make recommendations on the delivery of indigent services and what constitutes a determination of indigence and eligibility for legal representation.
§ Creates a penalty assessment of 1.5 percent on every fine, penalty and forfeiture imposed and collected for criminal offenses, civil traffic violations and any violations of the Motor Vehicle Statutes.
§ Requires the penalty assessment to be transmitted to the State Treasurer by the fifteenth day of each month for deposit in the State Capital Postconviction Public Defender Office Fund.
§ Allows the Supreme Court to appoint counsel from the State Capital Postconviction Public Defender Office to represent a capital defendant.
§ Establishes the State Capital Postconviction Public Defender Office Fund.
§ Terminates the State Capital Postconviction Public Defender Office on July 1, 2012.
§ Repeals the State Capital Postconviction Public Defender Office and the Nomination, Retention and Standards Commission on Indigent Defense on January 1, 2013.
§ Establishes the State Capital Postconviction Public Defender effective July 1, 2002 and ending on the third Monday in January 2006.
§ Establishes initial terms of Commission members.
§ Requires the Commission to submit a report of its findings and recommendations to the Governor, President of the Senate, Speaker of the House, Chief Justice of the Supreme Court, Director of the County Supervisor’s Association and Director of the Arizona Association of Counties by September 1, 2003.
§ States that the purpose of the State Capital Postconviction Public Defender Office is to represent a person who is not financially able to employ counsel in postconviction relief proceedings in state court after a judgement of death has been rendered.
§ Makes HB 2605 retroactive to June 30, 2002.
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45th
Legislature
Second
Regular Session 3 March 25, 2002
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