Digest of Bills - 1998

STATE PUBLIC DEFENDER

H.B. 98-1300 Public defender and state alternative defense counsel commissions - membership - duties - evaluation - annual report. Effective January 1, 1999, abolishes and recreates the public defender commission and the alternate defense counsel commission to be appointed by the chief justice of the Colorado supreme court, the governor, the president of the senate, and the speaker of the house of representatives. Specifies qualifications and terms of members for both commissions. Provides that commission members shall serve without compensation except expenses incurred in performance of their duties.

        Requires the public defender commission to appoint the state public defender and the alternate defense counsel commission to appoint the alternate defense counsel. Instructs both commissions to select 3 candidates for the respective offices and take public comment concerning the candidates, including testimony taken during at least one public hearing for each office.

        Requires the public defender commission to review annually the public defender's performance and the alternate defense counsel commission to review annually the alternate defense counsel's performance. Requires the public defender commission, with the state public defender, and the alternate defense counsel commission, with the alternate defense counsel, to meet annually with the judiciary committees of the senate and the house of representatives to discuss the state public defender's and the alternate defense counsel's respective performance reviews.

        Instructs the state public defender commission to review the budget prepared by the state public defender and to make recommendations to the joint budget committee. Instructs the alternate defense counsel commission to review the budget prepared by the alternate defense counsel and to make recommendations to the joint budget committee.

        Requires the state public defender to submit an annual report of the operations of the public defender's office to the governor, the joint budget committee, and the judiciary committees of the senate and the house of representatives. Requires the alternate defense counsel to submit an annual report of the operations of the alternate defense counsel office to the governor, the joint budget committee, and the judiciary committees of the senate and the house of representatives.

        Requires the public defender commission or the alternate defense counsel commission, whichever is appropriate, and the joint budget committee, rather than the supreme court, to review and approve salaries of persons in the state public defender office and the alternate defense counsel office.

VETOED by Governor April 22, 1998

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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