23A-40-10. Funds available from or on behalf of defendant–Order for reimbursement–Applicability–Credit against lien. If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs […]
23A-40-11. Lien created against property of person for whom counsel provided–Limitation. A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of §23A-40-6, subdivisions 23A-40-7(2) […]
23A-40-12. Public defender’s lien. If the legal services have been provided by a public defender or an attorney with whom a contract has been entered into to provide services in lieu of a public defender, a public defender’s lien shall be set by a judge of the circuit court or magistrate judge at a reasonable […]
23A-40-13. Statement of claim filed–Enforceability of lien. Immediately upon payment by the chargeable county or municipality, or upon the setting of the public defender’s lien by a circuit court judge or magistrate judge, a statement of claim showing the name and residence of the recipient shall be filed by the county auditor or municipal, finance […]
23A-40-14. Enforcement or disposition of lien. The board of county commissioners of the county or the governing board of the municipality filing the lien may enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lien. Source: SL 1979, ch 159, §38; SL 1983, ch 192, §4.
23A-40-15. Foreclosure prohibited upon homestead or exempt personal property. No lien provided for in this chapter shall be foreclosed upon the homestead, as defined by chapter 43-31, of the recipient or his family, nor upon any personal property which is exempt from process under chapter 43-45. Source: SL 1979, ch 159, §39.
23A-40-16. Correction of mistake in lien record at request of adversely affected person. If, in the record of a lien made under the provisions of this chapter, the name of the person or persons for whose benefit any payment was made, or the name of a person or persons against whose property a lien may […]
23A-40-17. Court appointed attorney and public defender payment fund established. There is hereby created in the Office of the State Treasurer a court appointed attorney and public defender payment fund. Source: SL 1982, ch 186, §6.
23A-40-20. Annual distribution of moneys in fund–Determination of pro rata payments to counties. All moneys in the court appointed attorney and public defender payment fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, […]
23A-40-21. Training on mental illness and services. Each court-appointed defense attorney shall receive training on mental illness, available mental health services, eligibility criteria and referral processes, and forensic evaluations. Source: SL 2017, ch 109, §25, eff. July 1, 2018.
23A-40-6. Arrest or detention without formal charge–Assignment of counsel–Certification of indigency required. In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained […]
23A-40-6.1. Assigned counsel not required where defendant not deprived of liberty–Statement of judge required. At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on […]
23A-40-7. Representation provided by county or municipality for indigents detained without formal charge. The board of county commissioners of each county and the governing body of any municipality shall provide for the representation of indigent persons described in §23A-40-6. The board or body shall provide this representation by any or all of the following: (1)Establishing […]
23A-40-8. Compensation of assigned counsel. Counsel assigned pursuant to §23A-40-6 and subdivision 23A-40-7(2) shall, after the disposition of the cause, be paid by the county in which the action is brought, or, in case of a parole revocation, by the county from which the inmate was sentenced, a reasonable and just compensation for his services […]
23A-40-9. Compensation of assigned counsel for services after judgment and conviction. If proceedings after judgment and conviction are taken, by motion in arrest of judgment, motion for a new trial or any presentence or post-sentence proceedings, or an appeal to the Supreme Court, an allowance for a sum as may be reasonable and just for […]
