The determination of indigency prior to the state public defender appointing an attorney to represent a parent in a proceeding under chapters 48 and 938, the description of defendant indigency for public defender fees, and recusal from juvenile justice proceedings (suggested as remedial legislation by the State Public Defender). (FE)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, the state public defender is required to appoint counsel to a person entitled to representation under the Children's Code or the Juvenile Justice Code without first determining whether the person is indigent and therefore eligible for such an appointment. Under current law, indigency can be determined in these cases after the eligible person is appointed an attorney. This bill specifies that a determination of indigency is not required before the state public defender may appoint an attorney to represent a child in a proceeding under the Children's Code or the Juvenile Justice Code.

The bill also amends the statutes that describe the procedure for collecting attorney fees for defendants who have been determined to be indigent. It removes the words “in part” from the description of indigency because defendants can be found to be only indigent or not indigent, they cannot be found to be indigent “in part.” In addition, the bill amends the title of a statutory section that addresses when a judge must recuse himself or herself from further juvenile justice proceedings from “refusal” to “recusal,” which is a more accurate legal description of the process.

Who's behind it

Law Revision Committee is its author⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DA
• Fiscal Estimate From DOC
• Fiscal Estimate From DOJ