CHAPTER 887
PUBLIC DEFENDER SERVICES

Table of Contents

Sec. 51-291. Duties of Chief Public Defender. Commission report. Budget.
Sec. 51-293. Public defenders, assistants and deputies; appointment, terms, qualifications, suspension, removal, salaries. Special assistant public defenders.
Sec. 51-296. Designation of public defender for indigent defendant, codefendant.

      Sec. 51-291. Duties of Chief Public Defender. Commission report. Budget.

      Subdiv. (11):

      Allows the court to make discretionary appointment of counsel in a habeas corpus action but present case concerning conditions of confinement does not rise to the level of requiring such appointment. 49 CS 1.

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      Sec. 51-293. Public defenders, assistants and deputies; appointment, terms, qualifications, suspension, removal, salaries. Special assistant public defenders.

      Subsec. (a):

      Subdiv. (2) allows court to make discretionary appointment of counsel in a habeas corpus action but present case concerning conditions of confinement does not rise to the level of requiring such appointment. 49 CS 1.

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      Sec. 51-296. Designation of public defender for indigent defendant, codefendant.

      To safeguard habeas petitioner's right to effective assistance of habeas counsel, habeas court, like a criminal trial court, has an affirmative obligation to explore the possibility that habeas counsel has a conflict of interest when that possibility is brought to the attention of the habeas court in a timely manner. 87 CA 126.

      Subsec. (a):

      Petition which arises from conditions of confinement does not "arise from a criminal matter" within the meaning of subsection and therefore the petitioner is not entitled to appointed counsel. 49 CS 1.

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