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16-87-306. Duties.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-87-306. Duties.
The public defender in each judicial district shall have the following duties:
(1)(A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all:
(i) Felony, misdemeanor, juvenile, guardianship, and mental health cases;
(ii) Traffic cases punishable by incarceration; and
(iii) Contempt proceedings punishable by incarceration.
(B) Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and
(2)(A) In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought.
(B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with § 16-87-205.
(C) It should be presumed for purposes of this section that the death penalty will be sought.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-87-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-87-306
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ec99e4810ef1eed003e9ed04d835924f66c12632a6694ed5f1d12d741cb794c3
Source location: content.xml paragraph 31546
Stored source content
16-87-306. Duties.
The public defender in each judicial district shall have the following duties:
(1)(A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all:
(i) Felony, misdemeanor, juvenile, guardianship, and mental health cases;
(ii) Traffic cases punishable by incarceration; and
(iii) Contempt proceedings punishable by incarceration.
(B) Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and
(2)(A) In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought.
(B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with § 16-87-205.
(C) It should be presumed for purposes of this section that the death penalty will be sought.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-87-205. Capital, Conflicts, and Appellate Office.
(a) There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender's office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this section.
(b) The Capital, Conflicts, and Appellate Office shall operate under the supervision of the Executive Director of the Arkansas Public Defender Commission.
(c)(1) The Arkansas Public Defender Commission shall be appointed by the trial court in the following situation:
(A)(i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person.
(ii) The representation may be in conjunction with appointed private attorneys.
(iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought.
(iv)(a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person.
(b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered.
(2)(A) In noncapital cases, if a conflict of interest is determined
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-87-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-87-205. This identifies an authority to review, not proof of applicability.