Bill: Passed Public Defender Program Act

[Robidemon2]

Author: Robi Safran D'Azalea
Sponsor: N/A
Type: Acts of Parliament

A
BILL
TO
Establish a public defender program​

Preamble: This Act shall establish a Public Defender Program to ensure that individuals facing criminal prosecution within the Azalea Isles have meaningful access to legal representation when they are unable to secure private counsel. The program shall be administered by the Ministry of Social Services.


1. Short Title
(a) This bill shall be referred to as the "Public Defender Program Act".
(b) This bill was written by Robi Safran D'Azalea

2. Establishment of the program
(a) There shall be established a government program known as the Public Defender Program.
(b) The Public Defender Program shall provide legal representation to eligible individuals facing criminal proceedings before the courts of the Azalea Isles.
(c) The Program shall be administered by the Ministry of Social Services
(d) The Ministry of Social Services shall:
(i) Appoint a Public Defender Program manager.
(ii) Recruit and Appoint Public Defenders.
(iii) Establish the necessary procedures to appoint a Public Defender.
(iv) Maintain records and documentation of the program.
(v) Fund the program.
(e) Public Defenders shall be paid in a pro rata basis.

3. Eligibility
(a) A person shall be eligible to request a public defender when all of the following are met:
(i) It is unable to find counsel.
(ii) is the defendant on a criminal proceeding.
(b) A judge may request a public defender on behalf of a defendant in order to ensure due process.
(i) This may be an option instead of issuing a default judgement at the discretion of the presiding officer.
(c) In order to be an eligible public defender an individual shall.
(i) Not be acting as a prosecutor in the Ministry of Justice.
(ii) Be part of the Public Defender program.
(d) It is the responsibility of the MOSS to make sure these conditions are met when assigning a Public Defender.

4. Extraordinary situations
(a) In situations where no public defender is available the Ministry of Social Services shall be empowered to hire outside counsel to act as a Public Defender.
(i) The ministry shall ensure that there are no conflicts of interest in outside counsel.
(ii) 3(c)(i) May be waived as a requirement if necessary, as long as both the MOJ and MOSS ensure outside counsel is properly recused from all conversations regarding the prosecution of Defendant.
(iii) It is the responsibility of the MOSS to communicate to the MOJ when recusal is needed.
(b) The court is empowered to throw out a Public Defender if it believes any of the requirements set in this Act have been violated.

5. Court proceedings
(a) When a request for a public defender is being processed, the requester has the right to a stay in court proceedings.
(i) The requester may waive this right during proceedings and this right is to be enforced by the court unless waived.
(b) It is up to the presiding officer's discretion to set reasonable deadlines, and set penalties on the processing of the request.
(i) Penalties are to be given to the MOSS minister however this is up to the discretion of the presiding officer.


6. Amendment
(a) Section 10 of the Governing Structure Act shall be amended by adding:

(v) Administering and overseeing the Public Defender Program of the Azalea Isles.

 

[Kingdom of Regalis]

"By the authority invested the in Kingdom of Regalis, and in the loyal people of Azalea Isles, I hereby declare the Public Defender Program Act to be law in the Isles, with the full force of enactment."
- Queen Eleanora of the Kingdom of Regalis

Law In-Force: