Sec. 51-289. Public Defender Services Commission established. Judicial Department to provide facilities in courts. Compensation plan.
Sec. 51-289. Public Defender Services Commission established. Judicial Department to provide facilities in courts. Compensation plan. (a) There is established
a Public Defender Services Commission which shall consist of seven members appointed as follows: (1) The Chief Justice shall appoint two judges of the Superior Court,
or a judge of the Superior Court and any one of the following: A retired judge of the
Superior Court, a former judge of the Superior Court, a retired judge of the Circuit Court,
or a retired judge of the Court of Common Pleas; (2) the speaker of the House, the
president pro tempore of the Senate, the minority leader of the House and the minority
leader of the Senate shall each appoint one member; (3) the Governor shall appoint a
chairman.
(b) The chairman shall serve for a three-year term and all appointments of members
to replace those whose terms expire shall be for terms of three years.
(c) No more than three of the members, other than the chairman, may be members
of the same political party. Of the four nonjudicial members, other than the chairman,
at least two shall not be members of the bar of any state.
(d) If any vacancy occurs on the commission, the appointing authority having the
power to make the initial appointment under the provisions of this chapter shall appoint
a person for the unexpired term in accordance with the provisions of this chapter.
(e) Members shall serve without compensation but shall be reimbursed for actual
expenses incurred while engaged in the duties of the commission. Members of this
commission shall not be employed or nominated to serve as public defenders or in any
other position created under this chapter.
(f) The commission may adopt such rules as it deems necessary for the conduct of
its internal affairs.
(g) The commission shall be responsible for carrying out the purposes of this chapter
and to carry out those purposes it shall adopt rules relating to the operations of a Division
of Public Defender Services and shall provide any facilities other than those provided
in the courts by the Judicial Department necessary for the carrying out of those services.
Public defender services shall consist of those duties carried out by Superior Court and
Court of Common Pleas public defenders prior to July 1, 1978, and those responsibilities
provided for by this chapter. Public defender services shall be executed by a Chief Public
Defender, a deputy chief public defender, public defenders, assistant public defenders,
deputy assistant public defenders, investigators and other personnel which the commission deems necessary.
(h) The Judicial Department shall provide adequate facilities for public defenders,
assistant public defenders and deputy assistant public defenders in the various courts.
(i) The commission shall establish a compensation plan comparable to that established for the Division of Criminal Justice in chapter 886, as it may be amended, and
shall make rules relative to employees serving under the chapter, including sick leave
and vacation time.
(j) The commission shall be an autonomous body within the Judicial Department
for fiscal and budgetary purposes only.
(P.A. 74-317, S. 1, 14; P.A. 76-436, S. 574, 681; P.A. 82-248, S. 144.)
History: P.A. 76-436 changed membership of commission to add extra superior court judge and to make appointment
of former judge of circuit court or common pleas court optional rather than mandatory, specifying that such former judge
is to be retired, so as to reflect transfer of all trial jurisdiction to superior court in Subsec. (a) and similarly amended Subsec.
(d) to reflect transfer of jurisdiction and to include deputy assistant public defenders, effective July 1, 1978; P.A. 82-248
rephrased and reorganized the section, deleted provisions concerning the terms of office of the initial appointees, and added
Subsec. (j) concerning the autonomous nature of the commission which was formerly part of Sec. 51-291.