Public Defender Improvement Act

WSB/3/2

Sponsored by Tre’Veontae Martin, Keveontae Martin of Columbia Central High School

This legislation was filed in the General Services category

Presented as part of the YIG Volunteer 2024 conference

1 Preamble: Whereas, ensuring fair and effective legal representation is fundamental to the
2 principles of justice; and Whereas, public defenders often face overwhelming caseloads, hindering
3 their ability to provide adequate defense to individuals in need; and Whereas, providing additional
4 resources and support to public defenders can enhance their capacity to serve their clients and
5 uphold the integrity of the legal system;
6
7 Section 1: Caseload Limitation (a) The maximum number of cases assigned to a public defender at
8 any given time shall be limited to twenty (20) cases. (b) Public defenders shall have the authority
9 to request relief from this caseload limit under exceptional circumstances, subject to approval by
10 the supervising authority.
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12 Section 2: Establishment of Clerk Positions (a) The Department of Public Defense shall establish
13 clerk positions to assist public defenders in their duties. (b) Clerks shall be responsible for tasks
14 such as preparing documents, running documents to required destinations, drafting emails,
15 witnessing signage, and conducting research at the request of public defenders. (c) Clerks shall
16 work under the supervision of public defenders and shall not engage in legal practice beyond the
17 scope of their assigned duties.
18
19 Section 3: Budget Allocation and Clerk Salary Approval (a) A budget of $10,000 shall be allocated
20 annually to each public defender's office for the purpose of obtaining professional opinions, hiring
21 investigators, and other necessary expenses related to case preparation and defense. This budget
22 allocation amount shall be subject to approval by the governing body or appropriate authority
23 responsible for budgetary matters. (b) The salary of clerks employed under this Act shall be
24 determined and approved by the governing body or appropriate authority responsible for human
25 resources and personnel matters.
26
27 Section 4: Implementation (a) This Act shall go into effect ninety (90) days after its passage. (b)
28 The Department of Public Defense shall be responsible for implementing the provisions of this Act,
29 including the establishment of clerk positions and the allocation of budgetary resources.
30
31 Section 5: Funding (a) Necessary funds for the implementation of this Act shall be appropriated
32 from the general fund or any other appropriate funding sources.
33
34 Section 6: Severability (a) If any provision of this Act is held to be unconstitutional or invalid for
35 any reason, the remaining provisions shall remain in effect.
36
37 Section 7: Enactment (a) This Act shall be known as the Youth in Government YMCA Public
38 Defender Improvement Act. (b) This Act shall take effect immediately upon its passage. (c) All
39 laws or parts of laws in conflict with this Act are hereby repealed to the extent of such conflict.
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