Chapter 1033 Oregon Laws 1999

Session Law

AN ACT

HB 3598

Relating to public defense; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. For purposes of sections 1 to 3 of this 1999 Act:

(1) "Bar member" means an individual who is a member of the Oregon State Bar.

(2) "Chief Justice" means the Chief Justice of the Supreme Court.

(3) "Commission" means the Public Defense Services Commission.

SECTION 2. (1) The Public Defense Services Commission is established in the judicial branch of state government. Except for the appointment or removal of commission members, the commission and employees of the commission are not subject to the exercise of administrative authority and supervision by the Chief Justice of the Supreme Court as the administrative head of the judicial department.

(2)(a) The commission consists of nine members appointed by order of the Chief Justice. Four members shall not be lawyers. The other five members shall be active bar members, with not more than one who is actively engaged in criminal defense or juvenile law practice as a public defense provider, not more than one who is a judge and not more than one who is a prosecuting attorney. Of the nonlawyer members, not more than one may be an employee of full-time not-for-profit public defender organizations, a person contracting to provide public defense services or an employee of such contractors.

(b) In addition to the nine members appointed under paragraph (a) of this subsection, the Speaker of the House of Representatives shall appoint one state Representative and the President of the Senate shall appoint one state Senator to serve as advisory members.

(3) The position of a member becomes vacant if the member fails to attend two consecutive meetings of the commission for any cause not approved by the chairperson. A member may be removed from the commission by order of the appointing authority. If a vacancy occurs for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(4) The chairperson and a vice chairperson shall be appointed by order of the Chief Justice with such functions as the commission may determine.

(5) A majority of the members constitutes a quorum for the transaction of business.

(6) Members of the commission who are not members of the Legislative Assembly shall not be paid compensation for services as a member but are entitled to expenses as provided in ORS 292.495, from such funds as may be available to the commission therefor. Members who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly.

SECTION 3. (1) The Public Defense Services Commission shall:

(a) Study the current systems of providing representation and transcripts in appellate public defense cases and make recommendations to the State Court Administrator and the Public Defender Committee for administrative changes and intergovernmental agreements that will strengthen and improve those systems, including, but not limited to, the administration and cost-effectiveness thereof.

(b) Study the current system of review of requests made under ORS 135.055 (3) and make recommendations to the State Court Administrator for changes that will enhance the cost-efficiency and effectiveness of the system.

(c) Study the structure, organization, service delivery systems, compensation and staffing levels of public defense providers, administration, policies, standards, guidelines, workloads and expenditures of the public defense system and the breadth of cases in which public defense services are mandated.

(d) Study areas or methods of containing the costs of the public defense system.

(e) Study methods of ensuring effective representation of persons entitled to public defense services in compliance with Oregon Revised Statutes, the Oregon Constitution, the Constitution of the United States, the Oregon Code of Professional Responsibility, the Oregon State Bar's "Principles and Standards for Counsel in Criminal, Delinquency, Dependency and Civil Commitment Cases" and national standards for public defense services.

(f) Solicit and study workload, structure, staffing and compensation information from the other components of the justice systems in which public defense services are mandated.

(g) Consider in its studies the structures, service delivery systems, breadth of cases in which public defense services are mandated, compensation levels, policies, standards, guidelines, workloads, expenditures, management, cost containment efforts and practical experiences of public defense programs in other jurisdictions.

(h) Report annually on its progress to the interim judiciary committees.

(i) Submit a report to the Seventy-first Legislative Assembly containing its findings and recommendations including, but not limited to, legislative changes needed to implement its findings.

(2) Notwithstanding any other law, the Chief Justice, State Court Administrator and chairperson of the Public Defender Committee shall serve as ex officio members of the commission.

(3) Notwithstanding any other law, the commission may accept gifts, grants and contributions from any source, whether public or private. Moneys accepted under this subsection shall be deposited in the State Treasury to the credit of the Judicial Department and are continuously appropriated to the Judicial Department for the payment of expenses and costs of the commission.

(4) Notwithstanding any other law and within the limits of the funds that become available to the commission, the commission may contract for consultant and support services as may be necessary to carry out its functions.

(5) The Public Defender Committee, Public Defender, State Court Administrator, indigent defense services director, Attorney General and any state agencies involved in the justice systems in which public defense services are mandated shall cooperate with the commission in providing information reasonably necessary for the commission to execute its duties.

SECTION 4. In addition to and not in lieu of any other appropriation, there is appropriated to the Judicial Department for the biennium beginning July 1, 1999, out of the General Fund, the sum of $100,000 for the purpose of carrying out the provisions of this 1999 Act.

SECTION 5. Sections 1 to 3 of this 1999 Act are repealed on September 1, 2001.

SECTION 6. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor August 20, 1999

Filed in the office of Secretary of State August 23, 1999

Effective date August 20, 1999

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