§ 54-61-02 — Commission responsibilities

1. The commission shall:
a. Develop standards governing the delivery of indigent defense services, including:

(1) Standards governing eligibility for indigent defense services;
(2) Standards for maintaining and operating regional public defender offices if
established;
(3) Standards prescribing minimum experience, training, and other
qualifications for contract counsel and public defenders;
(4) Standards for contract counsel and public defender caseloads;
(5) Standards for the evaluation of contract counsel and public defenders;
(6) Standards for independent, competent, and efficient representation of
clients whose cases present conflicts of interest;
(7) Standards for the reimbursement of expenses incurred by contract counsel;
and
(8) Other standards considered necessary and appropriate to ensure the
delivery of adequate indigent defense services.
b. Establish and implement a process of contracting for legal counsel services for
indigents.
c. Establish public defender offices in the regions of the state as the commission
considers necessary and appropriate.
d. Establish a method for accurately tracking and monitoring caseloads of contract
counsel and public defenders.
e. Approve and submit a biennial budget request to the office of the budget.
2. Upon the request of a county or city, the commission may agree to provide indigent
defense services in the county or city for those cases in which the county or city is
otherwise required to provide such services. Moneys received by the commission in
accordance with an agreement under this subsection must be deposited in the indigent
defense administration fund.
3. The commission shall adopt rules for the exercise of its authority under this chapter in
a manner generally consistent with the notice and comment provisions of section
28-32-11.
4. Notwithstanding any provision of state law making the records confidential, but subject
to any prohibitions in federal law, in addition to or in lieu of a subpoena, in determining
eligibility for public defender services the commission may obtain access, relevant to
making an eligibility determination for indigent defense services, to:
a. All records of other state and local government agencies relevant to
determination of eligibility for indigent defense services, including:
(1) Vital statistics, including records of marriage, birth, and divorce;
(2) Local tax and revenue records, including information on residence address,
employer, income, and assets;
(3) Records concerning real and titled personal property;
(4) Records of occupational and professional licenses and records concerning
the ownership and control of corporations, partnerships, and other business
entities;
(5) Employment security records;
(6) Workforce safety and insurance records pursuant to a release signed by an
individual or as otherwise provided in section 65-05-32;
(7) Records of all agencies administering public assistance programs;
(8) Records of the department of transportation, which access is not subject to
the requirements in section 39-16-03;
(9) Corrections records;
(10) Law enforcement records; and
(11) Subject to an agreement with the state tax commissioner, state tax and
revenue records, including information on residence address, employer,
income, and assets; and
b. Certain information contained in records held by private entities, subject to
safeguards on privacy and information security, consisting of:
(1) The name, address, social security number, and other requested relevant
income or asset information of the individual and the name and address of

the employer of the individual, as appearing in customer records of public
utilities, including cellular and wireless telephone service providers and
cable television companies, pursuant to an administrative subpoena if
requested; and
(2) Information on assets and liabilities of the individual held by financial
institutions.
5. If a government agency or private entity denies the commission access to records
under subsection 4, the denial must include a statement of the legal authority for the
denial.