ARIZONA STATE SENATE
Phoenix, Arizona
public
defenders; conservatorship; representation
Expands the duties of public defenders to include serving as attorneys for incapacitated adults.
State statute allows the county board of supervisors to establish the office of the public defender and appoint a person who is an attorney at law, licensed and in good standing in this State to serve in the office. Duties of the public defender include defending, advising and counseling without expense to a person who is financially unable to employ counsel in proceedings such as offenses triable in the superior or justice courts, extradition hearings, sanitary hearings, juvenile hearings, appeals to higher courts and mental health hearings.
Currently, the presiding judge of a county must appoint private attorneys to defend incapacitated persons. This legislation allows counties to use public defenders only with the consent of the board of supervisors and upon order of the presiding judge.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
1. Adds involuntary commitment hearings for indigent sexually violent persons to the duties of the public defender if appointed by the court and the county board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept the appointment.
2. Requires the public defender to serve as the attorney of an incapacitated adult if appointed by the court and the county board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept the appointment.
3. Makes technical and conforming changes.
4. Provides for a general effective date.
JUD 1/29/02 DPA 10-0-0-0-0
CM 2/05/02 DP 9-0-0-1-0
3rd Read 4/04/02 55-0-5-0
Prepared by Senate Staff
April 11, 2002