State Public Defender - Digest of Bills

Digest of Bills - 1999

STATE PUBLIC DEFENDER
H.B. 99-1350 Conflicts of interest - limitations on withdrawal. Requires the state public defender to specify the nature of the conflict of interest that forms the basis for requesting withdrawal and appointment of the alternate defense counsel. If stating the conflict would violate an ethical obligation, allows for sealing of that portion of the motion and for later review by another judge if necessary. Specifies circumstances that may constitute a conflict of interest and circumstances that do not constitute a conflict of interest. If the court allows the withdrawal of the state public defender and it is later determined there was no genuine conflict of interest, requires the office of the state public defender to reimburse the office of the alternate defense counsel for the cost of the representation.

APPROVED by Governor May 24, 1999
EFFECTIVE August 4, 1999
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.