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PRINTER'S NO. 1423
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1217
Session of
2019
INTRODUCED BY McCLINTON, HILL-EVANS, RABB, SCHLOSSBERG, FRANKEL,
CALTAGIRONE, KINSEY, HARRIS, DALEY, NEILSON, LEWIS AND
CIRESI, APRIL 15, 2019
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 15, 2019
AN ACT
Establishing the Pennsylvania Center for Effective Indigent
Defense Legal Representation; providing for its duties and
responsibilities; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Center for Effective Indigent Defense Legal Representation Act.
Section 2. Legislative findings.
The General Assembly finds the following:
(1) The United States Supreme Court ruled in Gideon v.
Wainwright, 372 U.S. 335 (1963) that free counsel for
criminal defendants who cannot afford to hire an attorney is
mandated upon the states by the Sixth Amendment to the
Constitution of the United States.
(2) Pennsylvania is the only state that does not
appropriate funds toward assisting counties in complying with
the Gideon mandate.
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(3) Pennsylvania should appropriate funds to comply with
Gideon and in so doing establish and provide for a center to
support the delivery of services to indigent criminal
defendants in this Commonwealth.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board of directors" or "directors." The board of directors
of the Pennsylvania Center for Effective Indigent Defense Legal
Representation.
"Center." The Pennsylvania Center for Effective Indigent
Defense Legal Representation.
"Executive director." The executive director of the center.
Section 4. Pennsylvania Center for Effective Indigent Defense
Legal Representation.
(a) Establishment.--The Pennsylvania Center for Effective
Indigent Defense Legal Representation is established.
(b) Operation.--A board of directors representative of the
criminal defense bar of this Commonwealth shall oversee the
operation of the center.
(c) Rules and regulations.--The board of directors may
promulgate rules and regulations to carry out its duties and
responsibilities and the duties and responsibilities of the
center under this act.
Section 5. Board of directors.
(a) Composition.--The board of directors shall consist of
the following members:
(1) A county chief public defender, appointed by the
Chief Justice of Pennsylvania from a list of three
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recommendations from the Public Defenders Association of
Pennsylvania.
(2) An attorney member of the Juvenile Defenders
Association of Pennsylvania, appointed by the Chief Justice
of Pennsylvania from a list of three recommendations from the
Juvenile Defenders Association of Pennsylvania.
(3) A member or a staff member of the Pennsylvania
Interbranch Commission for Gender, Racial and Ethnic
Fairness, appointed by the Chief Justice of Pennsylvania from
a list of three recommendations from the Pennsylvania
Interbranch Commission for Gender, Racial and Ethnic
Fairness.
(4) An attorney member of the Pennsylvania Association
of Criminal Defense Lawyers with public defender experience,
appointed by the Governor from a list of three
recommendations from the Pennsylvania Association of Criminal
Defense Lawyers.
(5) Two members from the law school academic community
with a background in public defense legal services, appointed
by the Governor.
(6) An attorney with capital case indigent defense
trial, appellate or postconviction experience associated with
the Pennsylvania Innocence Project at Temple University
Beasley School of Law, appointed by the Governor from a list
of three recommendations from the Pennsylvania Innocence
Project at Temple University Beasley School of Law.
(b) Chairperson and vice chairperson.--The directors shall
annually elect, by a majority vote of the voting members, a
chairperson and vice chairperson.
(c) Quorum.--Four directors shall constitute a quorum for
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the transaction of any business, and any act by a majority of
the directors present at any meeting in which there is a quorum
shall be deemed to be an act of the board of directors.
(d) Compensation and expenses.--The directors shall not
receive a salary or per diem allowance for serving as directors,
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. Expenses may
include reimbursement of travel and living expenses while
engaged in center business.
(e) Terms of directors.--
(1) Each director shall serve for a term of three years
and shall continue to serve until a successor is appointed,
except that the directors first appointed under:
(i) Subsection (a)(1) and (4) shall serve for terms
to expire on June 30 of the year following their
appointment.
(ii) Subsection (a)(2) and one of the members under
subsection (a)(5) shall serve for a term to expire on
June 30 of the second year following their appointment.
(iii) Subsection (a)(3) and (6) and one of the
members under subsection (a)(5) shall serve for terms to
expire on June 30 of the third year following their
appointment.
(2) Directors shall be eligible for reappointment.
Vacancies on the board of directors shall be filled by the
appointing authority within 60 days of the vacancy.
(3) A director may be removed for just cause by the
appointing authority.
(f) General powers.--The board of directors shall exercise
all powers necessary and appropriate to carry out its duties,
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including the following:
(1) To employ an executive director and other staff
necessary to carry out the duties of the center and engage
professional consultants, as it deems necessary, to assist in
the performance of the responsibilities of the center.
(2) To fix the compensation of all employees and
prescribe their duties.
(3) To oversee the operation of the center.
(4) To prepare an annual budget for the operation of the
center.
(5) To solicit funds from any source for the operation
of the center.
Section 6. Executive director.
(a) Appointment.--The board of directors shall appoint an
executive director for the center.
(b) Qualifications.--The executive director shall have the
following qualifications:
(1) Extensive experience as a trial, appellate or
postconviction counsel in capital, criminal or delinquency
matters.
(2) Experience as a trainer or presenter at or an
organizer of attorney training programs.
(3) Proven leadership, management and administrative
skills to direct the activities of the center, its staff and
contractors.
(c) Responsibilities.--The responsibilities of the executive
director shall include the following:
(1) To oversee the daily operation of the center.
(2) To make personnel decisions for the center with the
approval of the board of directors.
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(3) To develop an operational budget for the center and
aid the board of directors in raising the necessary funds to
sustain the operation of the center.
(4) To identify and develop resources.
(d) Term of office.--The executive director shall serve at
the pleasure of the board of directors.
Section 7. Duties and responsibilities of center.
(a) General rule.--The center shall have the following
duties and responsibilities:
(1) To develop and provide continuing education,
training and skill development programs and resources for
public defender staff attorneys, assigned counsel and
contract public defenders who represent indigent criminal
defendants.
(2) To establish and maintain programs for capital case
defense skills training, adult criminal defense training,
juvenile delinquency defense training and management and
leadership training for chief defenders and public defender
office leaders.
(3) To establish a virtual defender training library
consisting of all of the programs generated by the training
programs sponsored through the center.
(4) To contract with one or more nonprofit organizations
to assist the center in providing any of its duties and
responsibilities, including any of the education, training
and skill development programs.
(b) Affiliation.--The center shall be an independent agency
of the Commonwealth and may become affiliated with a law school
located in this Commonwealth.
Section 8. Appropriation.
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The sum of $1,000,000 is hereby specifically appropriated to
the Pennsylvania Center for Effective Indigent Defense Legal
Representation for the fiscal year 2019-2020 for the purpose of
funding its general operations under this act. This
appropriation shall be in addition to, and may not be used to
replace, any money appropriated or otherwise made available by
the Commonwealth or a political subdivision for any purpose that
includes criminal defense funding.
Section 9. Effective date.
This act shall take effect July 1, 2019, or immediately,
whichever is later.
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