H.B. 95-1360 Conflict of interest situations - appointment of attorney or investigator - contracts - reduction in appropriations. Requires the state public defender, no later than July 1, 1996, to contract, where feasible, without prior approval of the court, for attorney and investigative services when there is a conflict of interest in the public defender representing an indigent person. Authorizes the state public defender to establish a list of approved contract attorneys to serve as conflicts counsel and a list of approved investigators. Requires a contracting attorney or investigator to agree to provide services based on the terms established in any contract, subject to the rules on reimbursement negotiated between the state public defender and the contract attorney or investigator and, for contract attorneys, subject also to the Colorado rules of professional conduct. Requires judges to make appointments from the approved contract attorney list for that judicial district; except that, if the court and the state public defender agree that the approved contract attorney list does not include any suitable attorneys, the judge may appoint an attorney not on the approved list to serve as conflicts counsel, subject to the same rules on reimbursement negotiated with contract attorneys and the Colorado rules of professional conduct.
Mandates that the court and the office of the state public defender cooperate in developing a procedure to ensure notification of conflicts appointments and notification of the public defender's position in regard to whether there is a conflict of interest in a particular case.
Requires the state public defender to review and approve or deny the bills submitted for reimbursement by any contract attorney or investigator based upon the terms set forth in the contract rules negotiated between the state public defender and the contract attorney or investigator.
Reduces the appropriation in the 1995 long bill to the state public defender for conflict of interest costs by $13,310. States that the act will require a future reduction in appropriations from the general fund to the state public defender for conflict of interest cases of $636,373.
APPROVED by Governor June 5, 1995
EFFECTIVE July 1, 1995
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