§ 7-6-103 — Creation of office of state public defender; appointment of state public defender and assistants; duties; removal

Wyoming § 7-6-103

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 6: PUBLIC DEFENDER

Text

(a) There is created the office of the state public
defender. The office of the state public defender shall be
deemed a state agency for budgeting purposes pursuant to W.S.9-
2-1001.1 through 9-2-1014.2.
(b) The state public defender shall be appointed by and
shall serve at the pleasure of the governor.
(c) The state public defender shall:
(i) Be a member in good standing of the Wyoming state
bar;
(ii) Have had experience in defense or prosecution of
persons accused of crime in this state;
(iii) Be compensated as determined by the Wyoming
personnel division;
(iv) Devote full time to the performance of his
duties;
(v) Administer the public defender program of the
state;
(vi) Promulgate rules and regulations establishing a
standard fee schedule for services provided by attorneys
appointed pursuant to W.S. 7-6-109 and post the schedule on the
agency's website;
(vii) Repealed By Laws 2013, Ch. 87, § 2.
(viii) Repealed by Laws 2020, ch. 122, § 3.
(d) The state public defender shall not engage in private
practice except to complete business pending at the time of his
appointment.
(e) Any assistant public defender may serve in another
judicial district on a case by case basis at the request of the
state public defender.
(f) The governor may appoint full or part-time assistant
public defenders in each judicial district with the advice of
the state public defender, the district judge of the district
and the boards of county commissioners in the district. In
appointing assistant public defenders the governor shall
consider the recommendations submitted to him, the demand for
legal services, the criminal case load statistics, the
population, the geographical characteristics and any other
relevant factors.
(g) Each assistant public defender shall:
(i) Serve at the pleasure of the state public
defender;
(ii) Be a member in good standing of the Wyoming
state bar. The governor may remove any assistant public
defender as provided in W.S. 9-1-202;
(iii) Be compensated as determined by the Wyoming
personnel division, or by the state public defender if appointed
under a purchase order contract; and
(iv) Devote full time to the performance of his
duties when directed by the state public defender.
(h) A full time assistant public defender shall not engage
in private practice except to complete business pending at the
time of his appointment.
(j) The state public defender may act as his own attorney
or may be represented by the attorney general in any actions,
suits or claims in which the office of the state public defender
or the state public defender himself is a party.
(k) Notwithstanding any other provision of law to the
contrary, any attorney providing services for the office of the
state public defender in the defense of a criminal case shall,
for matters arising out of such services, be considered a state
employee for purposes of coverage and representation under the
Wyoming Governmental Claims Act, W.S. 1-39-101 through 1-39-120,
and the state self-insurance program, W.S. 1-41-101 through