1Establishing the Pennsylvania Center for Effective Indigent
2Defense Legal Representation; providing for its duties and
3responsibilities; and making an appropriation.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Pennsylvania
8Center for Effective Indigent Defense Legal Representation Act.

9Section 2. Legislative findings.

10The General Assembly finds the following:

11(1) The United States Supreme Court ruled in Gideon v. 
12Wainwright, 372 U.S. 335 (1963) that free counsel for 
13criminal defendants who cannot afford to hire an attorney is 
14mandated upon the states by the Sixth Amendment to the 
15Constitution of the United States.

16(2) Pennsylvania is the only state that does not 
17appropriate funds toward assisting counties in complying with 
18the Gideon mandate.

1(3) Pennsylvania should appropriate funds to comply with 
2Gideon and in so doing establish and provide for a center to 
3support the delivery of services to indigent criminal 
4defendants in this Commonwealth.

5Section 3. Definitions.

6The following words and phrases when used in this act shall
7have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9"Board of directors" or "directors." The board of directors
10of the Pennsylvania Center for Effective Indigent Defense Legal
11Representation.

12"Center." The Pennsylvania Center for Effective Indigent
13Defense Legal Representation.

14"Executive director." The Executive Director of the
15Pennsylvania Center for Effective Indigent Defense Legal
16Representation.

17Section 4. Pennsylvania Center for Effective Indigent Defense
18Legal Representation.

19(a) Establishment.--The Pennsylvania Center for Effective
20Indigent Defense Legal Representation is established.

21(b) Operation.--A board of directors representative of the
22criminal defense bar of this Commonwealth shall oversee the
23operation of the center.

24(c) Rules and regulations.--The board of directors may
25promulgate rules and regulations to carry out its duties and
26responsibilities and the duties and responsibilities of the
27center under this act.

28Section 5. Board of directors.

29(a) Composition.--The board of directors shall consist of
30seven directors and be representative of the criminal defense

1bar of this Commonwealth. Directors shall be as follows:

2(1) A county chief public defender, appointed by the
3Chief Justice of Pennsylvania from a list of three
4recommendations from the Public Defender Association of
5Pennsylvania.

6(2) An attorney member of the Juvenile Defenders
7Association of Pennsylvania, appointed by the Chief Justice
8of Pennsylvania from a list of three recommendations from the
9Juvenile Defenders Association of Pennsylvania.

10(3) A member or a staff member of the Interbranch
11Commission for Gender, Racial and Ethnic Fairness, appointed
12by the Chief Justice of Pennsylvania from a list of three
13recommendations from the Interbranch Commission for Gender,
14Racial and Ethnic Fairness.

15(4) An attorney member of the Pennsylvania Association
16of Criminal Defense Lawyers with public defender experience,
17appointed by the Governor from a list of three
18recommendations from the Pennsylvania Association of Criminal
19Defense Lawyers.

20(5) Two members from the law school academic community
21with a background in public defense legal services, appointed
22by the Governor.

23(6) An attorney with capital case indigent defense
24trial, appellate or postconviction experience associated with
25the Pennsylvania Innocence Project at Temple University
26Beasley School of Law, appointed by the Governor from a list
27of three recommendations from the Pennsylvania Innocence
28Project at Temple University Beasley School of Law.

29(b) Chairperson and vice chairperson.--The directors shall 
30annually elect, by a majority vote of the voting members, a
 

1chairperson and vice chairperson.

2(c) Quorum.--Four directors shall constitute a quorum for
3the transaction of any business and any act by a majority of the
4directors present at any meeting in which there is a quorum
5shall be deemed to be an act of the board of directors.

6(d) Compensation and expenses.--The directors shall not
7receive a salary or per diem allowance for serving as directors,
8but shall be reimbursed for actual and necessary expenses
9incurred in the performance of their duties. Expenses may
10include reimbursement of travel and living expenses while
11engaged in center business.

12(e) Terms of directors.--

13(1) Each director shall serve for a term of three years
14and shall continue to serve thereafter until a successor is
15appointed, except that, of the directors first appointed:

16(i) The county chief public defender appointed by
17the Chief Justice of Pennsylvania and the attorney member
18of the Pennsylvania Association of Criminal Defense
19Lawyers appointed by the Governor shall serve for terms
20to expire on June 30 of the year following their
21appointment.

22(ii) The attorney member of the Juvenile Defenders
23Association of Pennsylvania appointed by the Chief
24Justice of Pennsylvania and the first member from the law
25school academic community appointed by the Governor shall
26serve for a term to expire on June 30 of the second year
27following their appointment.

28(iii) The member of or staff member of the
29Interbranch Commission for Gender, Racial and Ethnic
30Fairness appointed by the Chief Justice of Pennsylvania,

1the second member from the law school academic community
2appointed by the Governor, and the attorney with capital
3case indigent defense trial, appellate or postconviction
4experience appointed by the Governor shall serve for
5terms to expire on June 30 of the third year following
6their appointment.

7(2) Directors shall be eligible for reappointment. 
8Vacancies on the board of directors shall be filled by the
9appointing authority within 60 days of the vacancy.

10(3) A director may be removed for just cause by the
11appointing authority.

12(f) General powers.--The board of directors shall exercise
13all powers necessary and appropriate to carry out its duties,
14including the following:

15(1) To employ an executive director and other staff
16necessary to carry out the duties of the center and engage
17professional consultants, as it deems necessary, to assist in
18the performance of the responsibilities of the center.

19(2) To fix the compensation of all employees and
20prescribe their duties.

21(3) To oversee the operation of the center.

22(4) To prepare an annual budget for the operation of the
23center.

24(5) To solicit funds from any source for the operation
25of the center.

26Section 6. Executive director.

27(a) Appointment.--The board of directors shall appoint an
28executive director for the center.

29(b) Qualifications.--The executive director shall have the
30following qualifications:

1(1) Extensive experience as a trial, appellate or
2postconviction counsel in capital, criminal or delinquency
3matters.

4(2) Experience as a trainer or presenter at or an
5organizer of attorney training programs.

6(3) Proven leadership, management and administrative
7skills to direct the activities of the center, its staff and
8contractors.

9(c) Responsibilities.--The responsibilities of the executive
10director shall include the following:

11(1) To oversee the daily operation of the center.

12(2) To make personnel decisions for the center with the
13approval of the board of directors.

14(3) To develop an operational budget for the center and
15aid the board of directors in raising the necessary funds to
16sustain the operation of the center.

17(4) To identify and develop resources.

18(d) Term of office.--The executive director shall serve at
19the pleasure of the board of directors.

20Section 7. Duties and responsibilities of center.

21(a) General rule.--The center shall have the following
22duties and responsibilities:

23(1) To develop and provide continuing education,
24training and skill development programs and resources for
25public defender staff attorneys, assigned counsel and
26contract public defenders who represent indigent criminal
27defendants.

28(2) To establish and maintain programs for capital case 
29defense skills training, adult criminal defense training, 
30juvenile delinquency defense training and management and
 

1leadership training for chief defenders and public defender 
2office leaders.

3(3) To establish a virtual defender training library
4consisting of all of the programs generated by the training
5programs sponsored through the center.

6(4) To contract with one or more nonprofit organizations
7to assist the center in providing any of its duties and
8responsibilities, including any of the education, training
9and skill development programs.

10(b) Affiliation.--The center shall be an independent agency
11of the Commonwealth and may become affiliated with a law school
12located in this Commonwealth.

13Section 8. Appropriation.

14The sum of $1,000,000 is hereby specifically appropriated to
15the Pennsylvania Center for Effective Indigent Defense Legal
16Representation for the fiscal year 2013-2014 for the purpose of
17funding its general operations under this act.

18Section 9. Effective date.

19This act shall take effect on July 1, 2013, or immediately,
20whichever is later.