TITLE 19

CRIMINAL PROCEDURE

CHAPTER 8

EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED

19-860.  Public defender — Compensation — Appointment — Qualifications. [effective until july 1, 2024] If the board of county commissioners of a county elects to establish and maintain an office of public defender and/or juvenile public defender or a joint office of public defender, the board shall:

(1)  Prescribe the qualifications of such public defender and his rate of annual compensation, and, if so desired by the board, a rate of compensation for extraordinary services not recurring on a regular basis. So far as is possible, the compensation paid to such public defender shall not be less than the compensation paid to the county prosecutor for that portion of his practice devoted to criminal law.

(2)  Provide for the establishment, maintenance and support of his office. The board of county commissioners shall appoint a public defender and/or juvenile public defender from a panel of not more than five (5) and not fewer than three (3) persons, if that many are available, designated by a committee of lawyers appointed by the administrative judge of the judicial district encompassing the county or his designee. To be a candidate, a person must be licensed to practice law in this state and must be competent to counsel and defend a person charged with a crime.

History:

[19-860, added 1967, ch. 181, sec. 10, p. 599; am. 1968 (2nd E.S.), ch. 23, sec. 1, p. 45; am. 1988, ch. 342, sec. 1, p. 1019; am. 1998, ch. 72, sec. 1, p. 266; am. 2013, ch. 220, sec. 10, p. 519; am. 2014, ch. 247, sec. 6, p. 620; am. 2016, ch. 47, sec. 2, p. 99.]