Private Acts of 1917 Chapter 69

SECTION 1. That there is hereby created the office of Public Defender in the counties of this State having a population of not less than one hundred and ninety thousand according to the Federal Census of 1910, or any subsequent Federal Census.

SECTION 2. That immediately upon the passage of this bill in all counties of this State having a population of not less than one hundred and ninety thousand according to the Federal Census of 1910, or any subsequent Federal Census, the County Commission in such of said counties as may have County Commissions created by law, and if none, then the County Court shall elect some person, who shall be learned in the law as Public Defender who shall hold said office and discharge the duties thereof as provided in this Act for a period of four years, beginning on the first day of March, 1917, that at the expiration of the said term of office, and every four years thereafter, the County Commission, in such of said counties as may have County Commissions created by law, and if none, then the County Court shall elect a successor to the office of Public Defender herein provided for, which said successor shall hold said office, and discharge the duties thereof as provided in this Act for a term of four years, from, and including the first day of the term for which he is elected, and until his successor is duly elected and qualified.

SECTION 2 (b) In event of the death of a Public Defender elected as herein provided for or his resignation, or vacancy occurring through other means the County Commission, in such of said counties as may have County Commissions created by law, and if none, then the County Court shall elect a Public Defender of fill the unexpired term.

SECTION 2 (c). Any Public Defender elected under the provisions of this Act may be removed for cause by a two-thirds vote of the County Commission, in such of said counties as may have County Commissions created by law, and if none, then the County Court of the county in which he was elected.

SECTION 3 (a). That upon request by the defendant, or upon order of the Court, it shall be the duty of the Public Defender to defend, without expense, and to represent generally, all persons who are without means to employ counsel, who have been indicted, by the grand jury or charged with the commission of any crime and he shall, also, upon request, give counsel and advice to such persons in and about any charge against them upon which he is conducting the defense, and he shall prosecute all appeals to a higher Court or Courts of any person who has been convicted upon such charge, where, in his opinion there is error in the conviction had, and such appeal will, or might reasonably be expected to result in the reversal or modifications of the judgment of conviction.

SECTION 3 (b). He shall have the power to employ such deputies, assistants, stenographers, interpreters and clerks as shall be necessary for the proper conduct of the business of his office, subject to the approval of the County Commission, in such of said counties as may have County Commissions created by law, and if none, then the County Court, each of whom shall receive such salary or compensation as shall be fixed by the County Courts; all expenses herein referred to shall be a charge upon the county in which such Public Defender is employed.

SECTION 3 (c). He shall take and file the constitutional oath of office.

SECTION 3 (d). He shall receive such annual salary as shall be set by the Quarterly County Court of the County in which he is elected. Such salary shall be paid in equal monthly or semi-monthly installments.

SECTION 3 (e). The County Court in each of the counties in which the office of Public Defender is hereby created, shall provide suitable rooms for the use of the Public Defender, and office furniture and supplies for the proper conduct of the business of his office.

SECTION 3 (f). Every person who shall be appointed as Assistant Public Defender or a Deputy Assistant Public Defender must be a counselor at law in this State and a citizen and resident of the county in which he is appointed; every such appointment shall be made in writing and under the hand and the seal of the Public Defender, and filed in the office of the Clerk of the Criminal Court of the county in which such appointment is made; and the person so appointed shall take and file with the Clerk of the Criminal Court the constitutional oath of office before entering upon his duties; every such appointment may be revoked by the Public Defender making same, which revocation shall be in writing and filed with the Clerk of the Criminal Court; such Assistant or Deputy Assistant Public Defender may attend all Criminal Courts and discharge the duties imposed by law upon or required of the Public Defender by whom he was appointed; the Public Defender may designate in writing, to be filed in the office of the Clerk of the Criminal court, one of his assistants to be acting Public Defender in the absence from such county or other disability of such Public Defender, and the assistant designated shall during such absence or disability of such Public Defender, perform the duties of said office; such designation may be revoked by the Public Defender in writing, to be filed in the office of the Clerk of the Criminal Court.

SECTION 4. That this Act shall take effect immediately from and after its passage, the public welfare demanding it.

SECTION 5. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.

Passed: February 28, 1917.