MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary A
By: Representatives Evans (91st), Moak
AN ACT TO AMEND SECTION 99-18-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OFFICE OF STATE PUBLIC DEFENDER SHALL BE GOVERNED BY THE PUBLIC DEFENDER OVERSIGHT AND ACCOUNTABILITY COMMISSION CREATED IN THIS ACT; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-18-1, Mississippi Code of 1972, is amended as follows:
99-18-1. (1) There is
hereby created the Office of State Public Defender. The Office of State Public
Defender shall be governed by the Public Defender Oversight and
Accountability Commission and consist of a State Defender who shall be
appointed by the * * *
Commission * * * for a term of four (4) years
and staffed by any necessary personnel as determined and hired by the State
Defender.
(2) The State Defender shall serve as executive director of the Commission. Upon the expiration of the term of the State Defender, the Commission shall appoint a successor. Nothing in this section shall be construed as limiting the authority of the Commission to reappoint a person serving as the State Defender at the conclusion of a term.
(3) The Commission shall consist of seven (7) members each of whom shall serve a three (3) year term, except as provided in subsection (4) of this section. A member may be reappointed at the end of a term and will remain on the Commission until a replacement is named. No active public defender, prosecutor, judge or law enforcement professional may serve as a member of the Commission. Members should be selected based on knowledge and/or experience with the criminal justice system, particularly the defense of criminal cases; public management and accountability and/or professional ethics, particularly in the field of law. At least five (5) of the members shall be members of the Mississippi Bar.
(4) The members of the Commission shall be selected as follows:
(a) The Governor, with the advice and consent of the Senate, shall appoint five (5) members, one (1) from each Court of Appeals District. The initial appointments from Court of Appeals Districts 1, 3 and 5 shall be for three (3) years and the initial appointments from Districts 2 and 4 shall be for two (2) years.
(b) The Governor, with the advice and consent of the Senate, shall appoint two (2) at large members. The initial appointment for each member shall be for one (1) year.
(c) At least two (2) members of the Commission shall be members of the Magnolia Bar.
( * * *5) Funding for the Office of State
Public Defender shall come from any source of funds appropriated by the
Legislature and funds available in the Capital Defense Counsel Fund, the
Indigent Appeals Fund and the Public Defenders Education Fund as determined by
the State Defender and appropriated by the Legislature. The State
Defender shall have the authority to transfer funds between the various funds
to efficiently and effectively accomplish the mission of the Office of State
Public Defender and its divisions.
(6) The Commission shall cooperate with any individual, private or public agency, whether state, local or federal, or with any law school, public or private, or with any institution of higher learning, public or private, to obtain by gift, grant or otherwise any financial, professional, investigatory, training, educational or research or other assistance; provided, however, that any grants or any financial assistance whatsoever for the purposes provided herein shall be paid over to the Commission and administered by the Commission consistent with the provisions of this chapter and the rules and regulations of the Department of Finance and Administration.
(7) The Commission shall establish and implement evidence-based policies and standards for a comprehensive and effective indigent defense system throughout the State of Mississippi, including, but not limited to: determining who qualifies as an indigent person; determining the indigent defense delivery model that is best for a district; maximum caseloads for defenders to include a uniform definition of what constitutes a case; minimum education, training and experience for attorneys and support staff appointed or employed as indigent defenders and to establish a reasonable hourly rate to be paid appointed attorneys and nonattorney members of a defense team.
(8) The Commission shall maintain records of the operation of the indigent defender system, including, but not limited to, the following:
(a) Detailed descriptions of each county's and district's indigent defender system;
(b) Caseloads of each indigent defender and number of cases assigned to private attorneys;
(c) Expenditures on indigent defense in each county and district.
(9) The Commission shall adopt and promulgate reasonable and necessary rules and regulations, formally or informally, as may be appropriate, to perform its duties and powers hereunder, and to implement the provisions of this chapter, and to propose forms for the use of the courts, and other persons with powers and duties hereunder.
(10) Members of the Commission shall receive a per diem as provided in 25-3-69 for actual attendance upon meetings of the Commission, together with reimbursement for traveling and subsistence expenses incurred as provided in 25-3-41, except that members of the Commission who are members of the Legislature shall not receive per diem for attendance while the Legislature is in session and no member whose regular compensation is payable by the state or any political subdivision of the state shall receive per diem for attendance upon meetings of the Commission.
( * * *11) The State Defender must be a duly
licensed attorney admitted to the practice of law in this state, have practiced
in the area of criminal law for at least five (5) years and shall meet all
qualifications to serve as lead trial and appellate counsel in death penalty
cases as may be set by the Supreme Court of Mississippi. The salary of the State
Defender shall be no more than the maximum amount allowed by statute for a
district attorney.
( * * *12) The State Defender may be removed
by the * * *
Commission upon finding that the State Defender is not qualified under
law, has failed to perform the duties of the office, or has acted beyond the
scope of the authority granted by law for the office.
( * * *13) The Office of State Public
Defender shall be responsible for the administration, budget and finances of
the Divisions of Capital Defense Counsel, Indigent Appeals and Public Defender
Training, which shall be divisions of the Office of State Public Defender.
( * * *14) The State Defender may
simultaneously serve as State Defender and as director of one or more divisions
but shall receive no additional compensation for doing so. Nothing in this
chapter shall prohibit the State Defender from directly representing clients of
the office. Nothing in this chapter shall be construed to prevent an employee
of one (1) division of the Office of the State Public Defender from working, in * * *
whole or in * * *
part, for another
division.
( * * *15) The State Defender shall
coordinate the collection and dissemination of statistical data and make such
reports as are required of the divisions, develop plans and proposals for
further development of a statewide public defender system * * *
and to act as spokesperson for all matters relating to indigent defense
representation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.