MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A; Appropriations

By: Representative Blackmon

AN ACT TO CREATE THE MISSISSIPPI OFFICE OF APPEALLATE DEFENDER AND SPECIFY ITS PERSONNEL; TO PROVIDE FOR QUALIFICATIONS OF ATTORNEYS IN THE OFFICE; TO PROVIDE FOR COMPENSATION; TO SPECIFY OFFICE HOURS; TO AUTHORIZE THE DIRECTOR TO ACQUIRE OFFICE SPACE, SUPPLIES AND EQUIPMENT; TO AUTHORIZE APPOINTMENT OF ATTORNEYS IN SITUATIONS WHERE CONFLICTS ARISE; TO PROVIDE THAT ATTORNEYS APPOINTED TO THE OFFICE SHALL BE FULL-TIME; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act may be cited as the "Mississippi Appellate Defender Act."

SECTION 2. There is created the Mississippi Office of Appellate Defender. This office shall consist of seven (7) attorneys, one (1) fiscal officer and two (2) secretaries/paralegals. One of these attorneys shall serve as director of the office. The director shall be appointed by the Chief Justice of the Mississippi Supreme Court with the approval of the majority of the justices voting for a term of four(4) years or until a successor takes office. The remaining attorneys and other staff shall be appointed by the director of the office and shall serve at the will and pleasure of the director. The director and all other attorneys in the office shall be active members of the Mississippi Bar. The director may be removed by the chief justice upon finding the director is not qualified under law, has failed to perform the duties of the office, or has acted beyond the scope of the authority granted by law for the office.

SECTION 3. The Mississippi Office of Appellate Defender is created for the purpose of providing representation to indigent parties convicted of felonies in the state courts of Mississippi where the conviction is being appealed to the State Supreme Court and to perform such duties as set forth by law. The circuit court of original jurisdiction may, in its discretion and pursuant to Rule 6 of the Mississippi Rules of Appellate Procedure, appoint the office of appellate defender to represent an indigent party.

SECTION 4. The office of appellate defender may perfect and prosecute direct appeals, petitions for rehearing, petitions for writs of certiorari and perform such other duties as authorized by law. The attorneys appointed to serve in the office of appellate defender shall devote their entire time to the duties of the office, shall not represent any persons in other litigation, civil or criminal, nor in any other way engage in the practice of law. Nor shall the office of appellate defender be appointed to a case in which a death sentence has been imposed.

SECTION 5. The office of appellate defender may provide assistance and counsel to an attorney representing an indigent felony criminal defendant in state court regarding the handling of matters and issues that may be unusually difficult or complex or that may likely affect or become a part of any appeal to the same extent the Attorney General of Mississippi is authorized to provide assistance to the district attorneys in the prosecution of offenders.

SECTION 6. The director appointed under this act shall be compensated at no more than the maximum amount allowed by statute for a deputy attorney general, and other attorneys in the office shall be compensated at no more than the maximum amount allowed by statute for an assistant attorney general.

SECTION 7. The director of the office of appellate defender shall keep the office open Monday through Friday for not less than eight (8) hours each day and observe such holidays as prescribed by statute.

SECTION 8. In addition to the authority to represent persons on appeal of felony state court convictions, the director is hereby empowered to pay and disburse salaries, employment benefits and charges relating to employment of staff and to establish their salaries and expenses of the office; to incur and pay travel expenses of staff necessary for the performance of the duties of the office; to rent or lease on such terms as he may think proper such office space as is necessary in the City of Jackson to accommodate the staff, to enter into and perform contracts and to purchase such necessary office supplies and equipment as may be needed for the proper administration of said purpose, and to incur and pay such other expenses as are appropriate and customary to the operation of the office.

SECTION 9. The director shall keep a docket of all felony appeals pending before the State Supreme Court and court of appeals in which a death sentence has not been imposed. The docket shall be, at all reasonable times, open to inspection of the public. The director shall also report monthly to the Administrative Office of the Courts the activities, receipts and expenditures of the office.

SECTION 10. If, at any time, during the representation of two (2) or more defendants the director determines that the interest of those persons are so adverse or hostile they cannot be all represented by the director or his staff without conflict of interest, or if the director shall determine that the volume or number of representations shall so require, the director in his sole discretion, notwithstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses of such counsel approved by order of the court of original jurisdiction shall be paid by the State General Fund as provided for in Section 99-15-17.

SECTION 11. This Act shall take effect and be in force from and after July 1, 2000.