8-14-202 - Creation of the district public defenders office Positions and qualifications Elections and appointments.
8-14-202. Creation of the district public defenders office Positions and qualifications Elections and appointments.
(a) For each judicial district, except the twentieth and thirtieth districts, the offices of district public defender, assistant district public defender and district investigator are hereby created.
(b) (1) (A) District public defenders appointed in the seventh, twenty-third and twenty-seventh judicial districts shall serve until their terms are completed on August 31, 1990. District public defenders appointed in the twenty-second, twenty-fourth, twenty-fifth and twenty-ninth judicial districts shall serve until their terms are completed on August 31, 1991. The district public defender in office in such districts on August 31, 1991, shall be appointed by the governor to serve as district public defender until August 31, 1992. Then, in the twenty-second, twenty-fourth, twenty-fifth and twenty-ninth judicial districts, the next succeeding term shall be for six (6) years, from September 1, 1992, until August 31, 1998. District public defenders in all other districts appointed initially pursuant to the provisions of this part shall serve from September 1, 1989, until August 31, 1990. At the conclusion of the terms of office specified above, the terms of office of all district public defenders shall be eight (8) years, and until their successors are elected and qualified. Upon the completion of the term of the district public defender in each judicial district appointed under the provisions of this subdivision (b)(1)(A), each district public defender shall be elected by the qualified voters of each respective district in the regular August election. The district public defender shall be a duly licensed attorney admitted to the practice of law in this state, and shall have been a resident of the state for five (5) years and of the judicial district for one (1) year. Except for the seventh, twenty-second, twenty-third, twenty-fourth, twenty-fifth, twenty-seventh and twenty-ninth judicial districts, prior to September 1, 1989, the governor shall appoint a district public defender for each judicial district from a list of three (3) names per district submitted by the judicial council. If the governor for any reason declines to appoint any of the nominees in a district, the governor shall notify the judicial council, which shall within sixty (60) days of such notice submit another three (3) names for such district. The governor shall have thirty (30) days after receipt of the list to decide whether to appoint any of the nominees.
(B) A vacancy in the office of the district public defender shall be filled by the voters of the district at the next biennial election more than thirty (30) days after the happening of the vacancy. The election shall be ordered by the governor by issuing proper writs of election to the county election commissions throughout the district, notice being given for one (1) month by publication in one (1) or more newspapers in the district. In the meantime, the governor shall appoint a suitable person to fill the office temporarily until the election takes place.
(2) The district public defender of any judicial district in which assistant district public defender positions are authorized by law shall appoint suitable persons to serve as assistant district public defenders. Any assistant district public defender shall be an attorney licensed to practice law in this state. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require.
(3) The district public defender of any judicial district in which district investigator positions are authorized by law shall appoint suitable persons to serve as district investigators. Persons so appointed shall serve at the pleasure of the district public defender and shall perform such duties as the district public defender may require.
(c) No person holding the office of district public defender pursuant to this part shall be permitted to engage in the practice of law except as the duties of such office require. No person employed as a full-time assistant district public defender or as a full-time district investigator pursuant to this part shall be permitted to engage in the practice of law except as the duties of such positions require. Notwithstanding any other restrictions, attorneys with pending private legal matters at the time of employment with the office of district public defender shall have a reasonable length of time to conclude or transfer such cases in keeping with the standards of professional and ethical conduct.
(d) (1) For each judicial district in which district public defenders are authorized, there shall be authorized the following number of assistant district public defender positions:
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(2) It is the legislative intent to provide additional assistant district public defender positions in both the 20th and 30th judicial districts in a manner consistent with the most current weighted caseload study. Funding for these positions shall be contingent upon specific appropriation by the general appropriations act for such positions.
(e) For each district, there is authorized at least one (1) criminal investigator position and one (1) additional criminal investigator for each five (5) assistant district public defenders or majority portion of such number.
(f) A district public defender may fill a full-time employee position with two (2) part-time employees. In order to implement such assignments, available funds may be reallocated or transferred, subject to overall budgetary limits.
(g) [Deleted by 2003 amendment.]
(h) There is authorized one (1) paralegal position for the sixth judicial district.
(i) The number of assistant district public defender positions enumerated in this section or any other provision of law for each specified judicial district shall be the minimum number of positions authorized in the district. Nothing in this section or any other provision of law shall be construed to prohibit or prevent the employment of additional assistant district public defenders in a particular judicial district, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in this or any other section.
[Acts 1989, ch. 588, § 2; 1990, ch. 751, § 5; 1990, ch. 964, § 1; 1992, ch. 965, § 1; 1993, ch. 472, § 7; 1994, ch. 904, § 1; 1995, ch. 473, § 1; 1996, ch. 1014, § 1; 1999, ch. 165, § 1; 2003, ch. 355, § 6; 2005, ch. 25, § 1; 2006, ch. 815, § 1.]