Colorado § 21-1-101 Public defender - policy - commission

Colorado Statutes

§ 21-1-101 — Public defender - policy - commission

Colorado·Title 21 State Public·Art. State Public Defender

(1)The office of state public defender is hereby created and established as an agency of the judicial department of state government. The general assembly hereby declares that the state public defender at all times shall serve his clients independently of any political considerations or private interests, provide legal services to indigent persons accused of crime that are commensurate with those available to nonindigents, and conduct the office in accordance with the Colorado rules of professional conduct and with the American bar association standards relating to the administration of criminal justice, the defense function.

(2)The Colorado supreme court shall provide for the appointment, terms, and procedure for a five-member public defender commission, no more than three of

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(1) The office of state public
defender is hereby created and established as an agency of the judicial department
of state government. The general assembly hereby declares that the state public
defender at all times shall serve his clients independently of any political
considerations or private interests, provide legal services to indigent persons
accused of crime that are commensurate with those available to nonindigents, and
conduct the office in accordance with the Colorado rules of professional conduct
and with the American bar association standards relating to the administration of
criminal justice, the defense function.

(2) The Colorado supreme court shall provide for the appointment, terms,
and procedure for a five-member public defender commission, no more than three
of whom shall be from the same political party. Three of the members of the
commission shall be attorneys admitted to practice law in this state, and two shall
be citizens of Colorado not admitted to practice law in this state. In making
appointments to the commission, the supreme court shall consider place of
residence, sex, race, and ethnic background. No member of the commission shall be
at any time a judge, prosecutor, public defender, or employee of a law enforcement
agency.

(3) The public defender commission shall appoint and discharge, for cause,
the state public defender, who shall be appointed to serve a term of five years and
shall serve until his successor is appointed and qualified. He may be reappointed
for one or more subsequent five-year terms. Vacancies in the office shall be filled
by the public defender commission for the remainder of the unexpired term. The
state public defender serving as such on July 1, 1979, shall continue to serve his
current term.

(4) Members of the public defender commission shall serve without
compensation but shall be reimbursed for actual and reasonable expenses incurred
in the performance of their duties.

(5) Any expenses incurred for the commission shall be paid from the general
operating budget of the office of the state public defender.

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Legislative History

Source: L. 69: R&RE, p. 255, � 30. C.R.S. 1963: � 39-21-1. L. 79: Entire section R&RE, p. 770, � 1, effective July 1. L. 99: (1) amended, p. 632, � 52, effective August 4.