House Bill 1457

AN ACT TO AMEND SECTION 99-18-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEFENDER TO PROVIDE LEGAL REPRESENTATION TO CERTAIN PERSONS WHERE A CONSTITUTIONAL RIGHT TO COUNSEL EXISTS; TO DIRECT THE STATE DEFENDER TO PROMULGATE, IMPLEMENT AND ENFORCE STANDARDS FOR SUCH COUNSEL; TO PROVIDE THAT SUCH STANDARDS SHALL BE SUBJECT TO THE APPROVAL OF THE SUPREME COURT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-18-13, Mississippi Code of 1972, is amended as follows:

99-18-13. (1) The State Defender is hereby empowered to pay and disburse salaries, employment benefits and charges relating to employment of division 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 offices within the funds appropriated for such purpose; and to incur and pay such other expenses as are appropriate and customary to the operation of the office.

(2) The State Defender may represent indigent persons in legal proceedings where the person has a constitutional right to appointed counsel and may provide representation to parents or guardians who have been determined by the youth court judge to be indigent and in need of representation in an abuse, neglect or termination of parental rights proceeding or appeal therefrom. The State Defender shall promulgate, implement and enforce standards that define how effective indigent defense services should be provided in all such cases. These standards shall be subject to approval of the Supreme Court.

(3) Representation may be provided by staff or contract counsel, including, but not limited to, by contract with legal services organizations and/or county public defender programs.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.