SB 523

Under current law, the Public Defender Board may promulgate rules to assure

that representation of indigent clients by the private bar is at the same level as the

representation provided by the state public defender. Under this bill, the board's

authority to promulgate rules is expanded to include setting standards for and

imposing conditions upon private bar attorney certification, decertification, or

recertification to represent clients. The bill also adds the following list of reasons as

grounds for which the office of the state public defender may exclude a private bar

attorney from a public defender list: 1) the attorney has failed to meet minimum

attorney performance standards adopted by the state public defender; 2) the

attorney has failed to comply with the supreme court rules of professional conduct

for attorneys; 3) the attorney has engaged in conduct that is contrary to the interests

of clients, the interests of justice, or the interests of the state public defender; or 4)

the state public defender learns of any information that raises a concern about the

attorney's character, performance, ability, or behavior.