§ 16-87-304 - Distribution and placement of public defender positions.
16-87-304. Distribution and placement of public defender positions.
(a) There shall be created within the Arkansas Public Defender Commission a number of positions, including chief public defenders, public defenders, investigators, and secretaries.
(b) (1) The commission shall allocate positions to each county or judicial district based on an appropriate formula adopted by the commission.
(2) In the distribution of positions, the commission shall be guided by:
(A) The current distribution and type of positions across the state;
(B) An evaluation of court case filings and dispositions, the number of judges, the size and population of the county or district, and other appropriate factors; and
(C) The desire to avoid the necessity of appointing outside public defenders or private counsel due to conflicts of interest.
(c) (1) There shall be at least one (1) public defender position allocated to each judicial district.
(2) (A) Where appropriate, a position or positions may be assigned to a single county.
(B) In counties where more than one (1) position is allocated, the commission may designate one (1) or more of the positions as chief public defender.
(3) (A) When one (1) or more chief public defenders is assigned to a county or judicial district and the chief public defender shall have administrative authority over other public defenders within the county or district, the chief public defender may select the other public defenders subject to the approval of the commission.
(4) (A) Public defender positions may be allocated on a full-time or part-time basis.
(B) When a public defender is employed on a part-time basis, he or she may engage in the general practice of law.
(C) No person who serves as a full-time public defender may engage in the private practice of law.
(D) No person shall serve as a part-time public defender who also serves as a part-time municipal court judge, city court judge, or deputy prosecuting attorney in any judicial district.