North Dakota Code 54-61-02 – Commission responsibilities
1. The commission shall:
Terms Used In North Dakota Code 54-61-02
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Individual: means a human being. See North Dakota Code 1-01-49
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
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.