Duties of alternate defense counsel and contract attorneys - report.

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(1) When representing an indigent person, the attorney under contract with the office of alternate defense counsel shall:

  1. Counsel and defend such person, whether he or she is held in custody, filed on as adelinquent, or charged with a felony offense, at every stage of the proceedings following arrest, detention, or service of process; and

  2. Prosecute any appeals or other remedies before or after conviction that the alternatedefense counsel or the contract attorney considers to be in the interest of justice.

  1. In no case shall the alternate defense counsel or a contract attorney be required toprosecute any appeal or other remedy unless the alternate defense counsel or contract attorney is satisfied that there is arguable merit to the proceeding.

  2. Notwithstanding section 24-1-136 (11)(a)(I), pursuant to section 2-7-203, the officeof alternate defense counsel shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning:

  1. The number of juvenile delinquency cases for which counsel from the office is appointed;

  2. The number of juvenile cases that involve a conflict of interest;

  3. The process of selecting, training, and supporting attorneys who represent children injuvenile delinquency court;

  4. The average length of time attorneys are assigned to juvenile court;

  5. The outcome of efforts to reduce juvenile court rotations and increase opportunitiesfor promotional advancement in salaries for attorneys in juvenile court; and

  6. The process of training employees and contractors concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27.

Source: L. 96: Entire article added, p. 1014, § 1, effective May 23. L. 2000: IP(1) amended, p. 1480, § 3, effective August 2. L. 2014: (3) added, (HB 14-1032), ch. 247, p. 955, § 10, effective November 1. L. 2019: IP(3), (3)(d), and (3)(e) amended and (3)(f) added, (SB 19223), ch. 227, p. 2292, § 17, effective July 1.


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