Public defender's office-amendments.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0254

HOUSE BILL
NO.
HB0254

Public defender's office-amendments.

Sponsored by:
Representative(s) Simpson and Buchanan and Senator(s) Nicholas and Ross

A BILL

for

AN ACT relating to the state public defender's office; amending budget provisions of the state public defender's office as specified; limiting payment of costs of a defendant who retains outside counsel as specified; making conforming amendments; eliminating a limitation on receipt of federal funds; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
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105(b), 7
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106(c), 7
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109(a) and by creating a new (c) and 7
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113(a) are amended to read:

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105.

Advisement of rights; appointment of attorney.

(b)

At the person's initial appearance the court shall advise any defendant who is a needy person of his right to be represented by an attorney at public expense. The court shall further explain to the needy person the possibility that he may be ordered to reimburse the state for the costs associated with his legal representation
and that, if he retains private counsel not appointed by the court, the state public defender shall not be required to pay any costs associated with his legal representation
. If the person charged does not have an attorney and wishes one, the court shall notify an available public defender for the judicial district or shall appoint an attorney to represent the needy person if no public defender is available.

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106.

Determination of need; reimbursement for services.

(c)

In every case in which a person has received services under W.S. 7
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104, the presiding judge shall determine whether the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any funds towards payment of part or all of the cost associated with such services. If the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is not able to provide any funds towards payment of costs, the court shall enter a specific finding on the record. If the court determines the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, is able to provide any amount as reimbursement, the court shall order the person or, in the case of an unemancipated minor, his custodial parent or any other person who has a legal obligation of support, to reimburse the state for all or part of the costs of the services provided or shall state on the record the reasons why an order for reimbursement was not entered. Where a person is initially provided with counsel pursuant to W.S. 7
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105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided.
Where a person retains private counsel not appointed by the court, neither the person nor his attorney may petition the court for an order to require, and the court shall not order, the state public defender to pay the private attorney's fees or other expenses related to the legal representation.
All reimbursements under this act shall be made through the clerk of court.

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109.

Appointment of outside attorney.

(a)

Nothing in this act shall prevent a court on its own motion or upon application by the
state public defender or by the
individual defendant,
from appointing an attorney other than
to order
the public defender to
represent the defendant or to assist in the representation of the defendant at any stage of the proceedings or on appeal
provide alternate state appointed defense counsel, provided that good cause is shown why a state appointed alternate defense counsel is necessary
.

(c)

The state shall not pay the costs of a defendant's attorney or supporting services, unless the defendant is to be represented by the public defender, or in the case of a conflict, alternate defense counsel appointed in accordance with this act.

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113.

Funding.

(a)

The total state
and federal
funding of the public defender program shall be eighty
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five percent (85%) of the state public defender budget.

Section 2.
W.S. 7
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109(b) is repealed.

Section 3.
This act is effective July 1, 2005.

(END)

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HB0254