For the purpose of this subchapter: (1) “Commission” means the Arkansas Public Defender Commission created by this subchapter; (2) “Executive director” means the person appointed by the commission pursuant to this subchapter; and (3) “Indigent person” means a person who, at the time his or her need is determined, is without sufficient funds or assets […]
(a) There is hereby created the Arkansas Public Defender Commission. (b) (1) The commission shall be composed of seven (7) members appointed by the Governor for five-year terms. (2) At least four (4) members of the commission shall be attorneys who are licensed to practice law in the State of Arkansas and experienced in the […]
(a) The Arkansas Public Defender Commission shall have the following powers and duties: (1) To establish policies and standards for the public defender system throughout the state, including standards for determining who qualifies as an indigent person; (2) To establish policies and standards for the organization and operation of public defenders’ offices throughout the state, […]
(a) (1) The commission shall appoint an executive director who shall be licensed to practice law in the State of Arkansas, licensed to practice law for at least four (4) years prior to the effective date of the appointment, and experienced in the practice of criminal law, including the defense of capital cases. (2) The […]
(a) There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender’s office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this section. (b) The Capital, Conflicts, and Appellate Office shall operate under the […]
(a) On an interim basis in complex cases or at the conclusion of each case, the appointed attorney shall submit his or her bill to the appointing court, which shall issue an order authorizing compensation. (b) (1) An application for compensation shall be submitted to the Arkansas Public Defender Commission accompanied by the affidavit of […]
(a) (1) The Arkansas Public Defender Commission is authorized to pay for certain expenses regarding the defense of indigents. (2) (A) The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investigators, testing, and travel. (B) (i) Expenses shall not include attorney’s fees for […]
(a) (1) (A) Any person charged with an offense punishable by imprisonment who desires to be represented by an appointed attorney shall file with the court in which the person is charged a written certificate of indigency. (B) The certificate of indigency shall be in a form approved by the Arkansas Public Defender Commission and […]
(a) A trial public defender or a deputy trial public defender shall not: (1) Receive any funds, services, or other thing of monetary value, directly or indirectly, for the representation of an indigent person pursuant to court appointment, except the compensation authorized by law; or (2) Refer any person, indigent or otherwise, who contacts the […]
There is hereby created the Trial Public Defender Office within the Arkansas Public Defender Commission, to be composed as follows: (1) The Trial Public Defender Office shall supervise the development and operations of each of the components of the Arkansas trial public defender system pursuant to the rules and standards for governing the system adopted […]
(a) For purposes of this section, the following definitions shall apply: (1) “Best interests of the juvenile” includes those actions and courses of action which: (A) Keep the juvenile safe from physical, mental, or sexual abuse while in state custody; (B) Are considerate of the court’s recommendations and adhere to the juvenile’s treatment plan; and […]
(a) (1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made. (2) Suit shall be brought within three (3) years after the date a […]
(a) As used in this section: (1) “Early disposition” means a disposition that occurs within sixty (60) days of the date of the person’s arrest or before the state files a criminal information, whichever occurs sooner; and (2) “Extended matter” means a case that involves legal proceedings that extend beyond a completed trial. (b) At […]
