N.D. Cent. Code § 54-61-01 Commission on legal counsel for indigents - Membership
54-61-01. Commission on legal counsel for indigents - Membership
1. The commission on legal counsel for indigents is established for the purpose of
developing and monitoring a process for the delivery of state-funded legal counsel
services for indigents which are required under the Constitution of North Dakota and
the United States Constitution and any applicable statute or court rule. The
commission shall provide indigent defense services for indigent individuals determined
by the court to be eligible for and in need of those services pursuant to the standards
and policies of the commission governing eligibility for such services. For purposes of
establishing release conditions at an initial appearance, an incarcerated individual is
presumed indigent.
2. The commission consists of the following members:
a. Two members appointed by the governor, one of whom must be appointed from a
county with a population of not more than ten thousand.
b. Two members of the legislative assembly, one from each house, appointed by the
chairman of the legislative management.
c. Two members appointed by the chief justice of the supreme court, one of whom
must be appointed from a county with a population of not more than ten
thousand.
d. One member appointed by the board of governors of the state bar association of
North Dakota.
3. Appointing authorities shall make their initial appointments to the commission before
August 1, 2005.
4. Initially, as determined by lot, one member will serve for one year, three members will
serve for two years, and three members will serve for three years. At the expiration of
the initial terms, the appointing authorities designated in subsection 2 shall make
appointments for three-year terms. A member may not serve more than two
consecutive three-year terms plus any initial term of less than three years.
5. Individuals appointed to the commission should have experience in the defense of
criminal cases or other cases in which appointed counsel services are required or
should have demonstrated a commitment to quality representation in indigent defense
matters. Membership of the commission may not include any individual, or the
employee of that individual, who is actively serving as a judge, state's attorney,
assistant state's attorney, contract counsel or public defender, or law enforcement
officer.
6. A member of the commission is entitled to reimbursement for travel and expenses as
provided by law for other state officers. If not otherwise employed by the state of North
Dakota, a member is entitled to receive per diem compensation of sixty-two dollars
and fifty cents for each day devoted to attending meetings or performing other duties
relating to the official business of the commission. A member of the commission who is
a member of the legislative assembly is entitled to receive per diem compensation at
the rate as provided under section 54-35-10 for each day devoted to attending
meetings or performing other duties relating to the official business of the commission.
The legislative council shall pay the per diem compensation and reimbursement for
travel and expenses as provided by law for any member of the commission who is a
member of the legislative assembly.
7. One of the two appointees of the chief justice, as determined by the chief justice, shall
convene the commission's first meeting no later than August 15, 2005. The members
of the commission shall select the chairman of the commission within thirty days after
the commission's first meeting and annually thereafter.