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PRINTER'S NO. 796
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
658
Session of
2019
INTRODUCED BY BROWNE, COSTA, HUGHES, BREWSTER, FONTANA, STREET
AND HAYWOOD, MAY 17, 2019
REFERRED TO JUDICIARY, MAY 17, 2019
AN ACT
Establishing the Center for Effective Indigent Defense Legal
Representation; providing for duties and responsibilities of
the board of directors; 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 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 money toward assisting counties in complying with
the Gideon mandate.
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(3) Pennsylvania should appropriate money 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." The board of directors of the center.
"Center." The Center for Effective Indigent Defense Legal
Representation.
"Executive director." The executive director of the center.
Section 4. Center for Effective Indigent Defense Legal
Representation.
(a) Establishment.--The Center for Effective Indigent
Defense Legal Representation is established.
(b) Operation.--A board member shall oversee the operation
of the center.
(c) Rules and regulations.--The board may promulgate rules
and regulations to carry out board duties and responsibilities
and the duties and responsibilities of the center under this
act.
Section 5. Board.
(a) Composition.--The board shall be representative of the
criminal defense bar of this Commonwealth and shall consist of
the following:
(1) A county chief public defender, appointed by the
Chief Justice of Pennsylvania from a list of three
recommendations from the Public Defender Association of
Pennsylvania.
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(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 Interbranch
Commission for Gender, Racial and Ethnic Fairness, appointed
by the Chief Justice of Pennsylvania from a list of three
recommendations from the 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 board members
shall annually elect, by a majority vote of the voting members,
a chairperson and vice chairperson.
(c) Quorum.--Four board members shall constitute a quorum
for the transaction of any business, and any act by a majority
of the board members present at any meeting in which there is a
quorum shall be deemed to be an act of the board.
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(d) Compensation and expenses.--The board members shall not
receive a salary or per diem allowance for serving as board
members, 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 board members.--
(1) Each board member shall serve for a term of three
years and shall continue to serve after until a successor is
appointed, except that, of the board members first appointed:
(i) The county chief public defender appointed by
the Chief Justice of Pennsylvania and the attorney member
of the Pennsylvania Association of Criminal Defense
Lawyers appointed by the Governor shall serve for terms
to expire on June 30 of the year following appointment.
(ii) The attorney member of the Juvenile Defenders
Association of Pennsylvania appointed by the Chief
Justice of Pennsylvania and the first member from the law
school academic community appointed by the Governor shall
serve for a term to expire on June 30 of the second year
following appointment.
(iii) The member of or staff member of the
Interbranch Commission for Gender, Racial and Ethnic
Fairness appointed by the Chief Justice of Pennsylvania,
the second member from the law school academic community
appointed by the Governor, and the attorney with capital
case indigent defense trial, appellate or postconviction
experience appointed by the Governor shall serve for
terms to expire on June 30 of the third year following
appointment.
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(2) Board members shall be eligible for reappointment.
Vacancies on the board shall be filled by the appointing
authority within 60 days of the vacancy.
(3) A board member may be removed for just cause by the
appointing authority.
(f) General powers.--The board shall exercise all powers
necessary and appropriate to carry out its duties, 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 money from any source for the operation
of the center.
Section 6. Executive director.
(a) Appointment.--The board 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
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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.
(3) To develop an operational budget for the center and
aid the board in raising the necessary money 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.
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
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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.
The sum of $1,000,000 is hereby specifically appropriated to
the 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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