TITLE 19

CRIMINAL PROCEDURE

CHAPTER 60

STATE PUBLIC DEFENDER ACT

19-6019.  contracting with defending attorneys. (1) When contracting with defending attorneys to provide primary or conflict indigent defense services, to the greatest extent that is practicable, the office of the state public defender shall contract with local defending attorneys who practice in the county. If no qualified attorneys who practice in the county are available, the office of the state public defender shall contract with local defending attorneys who practice within the judicial district.

(2)  In counties that did not operate an office of public defender or joint office of public defender by January 1, 2023, the office of the state public defender shall continue to provide primary indigent defense services by contract through July 1, 2029, unless the board of county commissioners, at the request of the office of the state public defender, votes to allow the office to transition from primary contract indigent defense providers. Notice of no less than six (6) months is required in advance of any change in delivery of public defense from primary contract indigent defense providers in a county pursuant to this subsection.

(3)  Nothing in this section:

(a)  Prohibits the office of the state public defender from continuing to contract with defending attorneys to provide indigent defense services in any county after July 1, 2029;

(b)  Requires the office of the state public defender to contract with defending attorneys who do not meet the requirements and standards for defending attorneys; or

(c)  Restricts the office of the state public defender from using defending attorneys employed by the office of the state public defender to represent indigent defendants in any capital case.

History:

[19-6019, added 2023, ch. 220, sec. 15, p. 674.]