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. |
11 | |
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. |
40 |