§ 16-87-205 — Capital, Conflicts, and Appellate Office

(a) There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender's office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this section. (b) The Capital, Conflicts, and Appellate Office shall operate under the supervision of the Executive Director of the Arkansas Public Defender Commission. (c) (1) The Arkansas Public Defender Commission shall be appointed by the trial court in the following situation: (A) (i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person. (ii) The representation may be in conjunction with appointed private attorneys. (iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought. (iv) (a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person. (b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered. (2) (A) In noncapital cases, if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person, or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person, then the court, if time permits shall contact the commission to determine if a public defender from an adjacent area is available for appointment. (B) (i) If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney. (ii) The trial judge shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment. (d) To the extent money is appropriated, the executive director of the commission may hire attorneys, investigators, research assistants, and other staff as necessary to properly represent indigent persons.

Legislative History

Acts 1993, No. 1193, § 7; 2001, No. 1799, § 2; 2003, No. 606, § 1.