Current Status Bill Number:4639 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960220 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:dka\3528cm.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Assistant public defenders, residency requirements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960220 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR ESTABLISHING PUBLIC DEFENDER SYSTEMS IN COUNTIES, SO AS TO PROVIDE THAT ASSISTANT PUBLIC DEFENDERS ARE NOT REQUIRED TO RESIDE IN THE COUNTIES IN WHICH THEY SERVE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-3-60 of the 1976 Code is amended to read:
"Section 17-3-60. If a majority of the attorneys of any a county admitted to practice before the Supreme Court of this State, whose principal office is located in the county, elect to establish a public defender system in such the county they shall do so in accordance with the following:
(a)(1) The bar of the county shall create an eleemosynary corporation to be known as the Defender Corporation of ______ County.
(b)(2) The board of directors shall must be composed of at least three but not more than ten attorneys of the county, to be elected or appointed by the bar of the county. and The board shall exercise all the ordinary and usual functions including the selection and dismissal of personnel.
(c)(3) The county shall have one or more public defenders and as many assistant defenders as deemed necessary determined by the directors, not to exceed the number of assistant solicitors of the circuit in which the county is located.
(d)(4) The public defender and assistant public defenders shall must be licensed to practice law in this State. and shall The public defender must be residents a resident of the county in which they serve he serves except as modified by subsection (i) hereof contained in item (a).
(e)(5) The public defender and assistant public defenders shall give priority to their duties under the provisions of this chapter, and may engage in the private practice of law only if permitted to do so by the board herein named and only to the extent that it will not interfere with, or prevent performance of, their duties as public defenders or assistant defenders.; provided, However, public defenders and assistant public defenders shall not represent persons charged with a criminal offense under the laws of this State in their private practice of law.
(f)(6) Each public defender shall receive as compensation an amount not to exceed that received by the solicitor of the judicial circuit in which he is located. Provided, However, that in counties where the public defender is full time and without private practice and the circuit solicitor serving that county engages in private practice, the compensation of the public defender shall not exceed the salary provided by law for a fulltime full-time circuit solicitor. Assistant public defenders shall receive as compensation amounts not to exceed the compensation received by assistant solicitors serving the county in which the assistant defender is located. No Additional state funds shall must not be used to provide for such the compensation of public defenders and assistant public defenders above the appropriations authorized by Sections 17-3-70 and 17-3-80.
(g)(7) The board may employ such other part-time or full-time personnel as practicable and necessary for the efficient discharge of duties under this chapter.
(h)(8) The corporation established hereunder pursuant to this section is authorized to receive funds from any legitimate source in furtherance of the aims of this chapter.
(i)(9) Nothing herein contained in this section is designed to prevent the combined bars of two or more adjoining counties from jointly creating a defender corporation to be known as the Defender Corporation of _____ and _____ Counties. For the purposes of this subsection item, the public defender or the assistant public defender(s) may be residents a resident of any county in the defender corporation area."
SECTION 2. This act takes effect upon approval by the Governor.