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(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Chief Public Defender

Administrative Office of the District Attorneys

General Services Department

SUMMARY

Synopsis of Bill

Senate Bill 198 allows the Chief Public Defender to certify non-attorney litigation contracts and expenditures as litigation exemptions for purposes of filing contract briefs with the Department of Finance and Administration. Additionally, Senate Bill 198 formally authorizes the Public Defender Department to represent indigent persons who are not yet actively charged with a crime but whose constitutional and legal rights clearly warrant the advice of an attorney.

Significant Issues

• Procurement Code: The Public Defender Department is actively engaged in litigation at the trial, appellate, and post-conviction levels. Senate Bill 198 allows the Chief Public Defender to certify non-attorney litigation contracts and expenditures as litigation exemptions for purposes of filing contract briefs with the Department of Finance and Administrations. Presently, the Department of Finance and Administration must approve all professional and non-professional expert witness contracts. The Public Defender Department claims the proposed language in Senate Bill 198 would assist in criminal litigation by not seeking lengthy Department of Finance approval or agreement on a "sole source" exception from the Procurement Code.

• •Pre-prosecution Counsel: Senate Bill 198 recognizes the Public Defender Department is frequently called upon to provide counsel for "pre-prosecution" persons under the Prosecution Diversion Act (31-16A-1 through 8) and for grand jury "targets" who require representational tasks related to the grand jury appearance. The Public Defender Department asserts indigent persons who are uncharged but who face serious murder or felony charges need the representation of an attorney who should assist the client and not merely "confer" with an individual. Frequently, an attorney must deal with client health issues, language/interpreter courses, immigration, and other issues for the uncharged. Without the statutory authority to represent, an attorney does not have sufficient standing to adequately assist the client as well as the police, sheriff and the courts. Senate Bill 278 brings the Public Defender Act into conformity with representation tasks already under taken by the Public Defender Department.

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