Senate Bill 2545

(As Passed the Senate)

AN ACT TO AMEND SECTION 99-18-1, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI PUBLIC DEFENDER OVERSIGHT AND ACCOUNTABILITY COMMISSION; TO PROVIDE THE 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 current 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-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 experience with the criminal justice system, particularly the defense of criminal cases, public management and accountability, and professional ethics, particularly in the field of law.

(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 Court of Appeals 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 appointments shall be for one (1) year.

( * * *25) Funding for the Office of State Public Defender shall come from any source 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, a private or public agency, whether state, local or federal, or with any public or private law school, or with any public or private institution of higher learning to obtain by gift, grant or otherwise any financial, professional, investigatory, training, educational, research or other assistance; however, grants or financial assistance 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 Mississippi 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, including, but not limited to the determination of: who qualifies as an indigent person; 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 a reasonably 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 the number of cases assigned to private attorneys;

(9) The commission shall recommend to the Legislature appropriate legislation to promote proper governance of the commission so as to enable it to perform its duties and powers; to implement the provisions of this chapter; and to propose forms for the use of the courts and other persons with powers and duties under this chapter.

(10) Members of the commission shall receive a per diem as provided in Section 25-3-69 for actual attendance upon meetings of the commission, together with reimbursement for traveling and subsistence expenses incurred as provided in Section 25-3-41, except that 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.

( * * *311) 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.

( * * *412) The State Defender may be removed by the * * * ~~Governor~~ 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.

( * * *513) 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.

( * * *614) 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 * * * ~~part~~ whole or in * * * ~~whole~~ part, for another division.

( * * *715) 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, and shall stand repealed from and after June 30, 2015.