1.1 A bill for an act
1.2 relating to judiciary;
eliminating the public defender co-payment; eliminating
1.3 partial payment for public
defender services; eliminating reimbursement
1.4 requirements for appointed
counsel; establishing retroactive forgiveness of certain
1.5 payments referred to
collections or entered as a civil judgment;amending Minnesota
1.6 Statutes 2024, section
611.17; repealing Minnesota Statutes 2024, sections 611.20,
1.7 subdivisions 1, 2; 611.35.
1.8 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes
2024, section 611.17, is amended to read:
1.10 611.17 FINANCIAL INQUIRY;
STATEMENTS; CO-PAYMENT; STANDARDS
1.11 FOR DISTRICT PUBLIC
DEFENSE ELIGIBILITY.
1.12 (a) Each judicial district
must screen requests for representation by the district public
1.13 defender. A defendant is
financially unable to obtain counsel if:
1.14 (1) the defendant, or any
dependent of the defendant who resides in the same household
1.15 as the defendant, receives
means-tested governmental benefits; or
1.16 (2) the court determines that
the defendant, through any combination of liquid assets
1.17 and current income, would be
unable to pay the reasonable costs charged by private counsel
1.18 in that judicial district for a
defense of the same matter.
1.19 (b) Upon a request for the
appointment of counsel, the court shall make an appropriate
1.20 determination of financial
eligibility under paragraph (a) of the applicant, who shall submit
1.21 a financial statement under
oath or affirmation setting forth the applicant's assets and
1.22 liabilities, including the
value of any real property owned by the applicant, whether
1.23 homestead or otherwise, less
the amount of any encumbrances on the real property, the
1.24 source or sources of income,
and any other information required by the court. The applicant
2.1 shall be under a continuing
duty while represented by a public defender to disclose any
2.2 changes in the applicant's
financial circumstances. The state public defender shall furnish
2.3 appropriate forms for the
financial statements, which must be used by the district courts
2.4 throughout the state. The
forms must contain conspicuous notice of the applicant's continuing
2.5 duty to disclose to the court
changes in the applicant's financial circumstances. The forms
2.6 must also contain
conspicuous notice of the applicant's obligation to make a co-payment
2.7 for the services of
the district public defender, as specified under paragraph (c). The
2.8 information contained in the
statement shall be confidential and for the exclusive use of the
2.9 court and the public defender
except for any prosecution under section 609.48. A refusal
2.10 to execute the financial
statement or produce financial records constitutes a waiver of the
2.11 right to the appointment of a
public defender. The court shall not appoint a public defender
2.12 to a defendant who is
financially able to retain private counsel but refuses to do so, refuses
2.13 to execute the financial
statement or refuses to provide information necessary to determine
2.14 financial eligibility under
this section, or waives the appointment of a public defender under
2.15 section 611.19.
2.16 An inquiry to determine
financial eligibility of a defendant for the appointment of the
2.17 district public defender shall
be made whenever possible prior to the court appearance and
2.18 by such persons as the court
may direct. This inquiry may be combined with the prerelease
2.19 investigation provided for in
Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In
2.20 no case shall the district
public defender be required to perform this inquiry or investigate
2.21 the defendant's assets or
eligibility. The court has the sole duty to conduct a financial inquiry.
2.22 The inquiry must include the
following:
2.23 (1) the liquidity of real
estate assets, including the defendant's homestead;
2.24 (2) any assets that can be
readily converted to cash or used to secure a debt;
2.25 (3) the determination of
whether the transfer of an asset is voidable as a fraudulent
2.26 conveyance; and
2.27 (4) the value of all property
transfers occurring on or after the date of the alleged offense
2.28 or notice of the action. The
burden is on the accused to show that the accused is financially
2.29 unable to afford counsel.
Defendants who fail to provide information necessary to determine
2.30 eligibility shall be deemed
ineligible. The court must not appoint the district public defender
2.31 as advisory counsel or standby
counsel. If the court appoints advisory or standby counsel,
2.32 the cost of counsel shall be
paid for by the Office of the State Court Administrator or, if the
2.33 prosecutor requests the
appointment, by the governmental unit conducting the prosecution.
3.1 In no event may the court
order the Board of Public Defense to pay the cost of advisory or
3.2 standby counsel.
3.3 (c) Upon disposition of
the case, If the court determines that an individual who has
3.4 received is
financially eligible for the services of the district public defender services
shall
3.5 pay to the court a $75,
the court must not order that the person pay a co-payment for
3.6 representation provided by a
public defender, unless the co-payment is, or has been, reduced
3.7 in part or waived by
the court reimbursement for the actual costs to a governmental unit in
3.8 providing the services
of appointed counsel, or any other fee or expense related to
3.9 representation.
3.10 The co-payment must be
credited to the general fund. If a term of probation is imposed
3.11 as a part of an
offender's sentence, the co-payment required by this section must not be
3.12 made a condition of
probation. The co-payment required by this section is a civil obligation
3.13 and must not be made a
condition of a criminal sentence.
3.14 EFFECTIVE DATE. This
section is effective July 1, 2026, and applies to appointment
3.15 of counsel made on or
after that date and retroactively to payments ordered before that date
3.16 that have not been paid.
3.17 Sec. 2. APPOINTED COUNSEL
CO-PAY AND REIMBURSEMENT;
3.18 RETROACTIVE
APPLICATION.
3.19 (a) Any portion of a co-payment for representation provided
by a public defender ordered
3.20 by a court that has not
been paid before July 1, 2026, is waived.
3.21 (b) Any portion of a
partial payment for representation provided by a public defender
3.22 ordered by a court that
has not been paid before July 1, 2026, is waived.
3.23 (c) Any portion of a
reimbursement for representation by appointed counsel ordered by
3.24 a court that has not
been paid before July 1, 2026, is waived.
3.25 (d) Any fees, penalties,
collection costs, prejudgment interest, or other expense related
3.26 to a co-payment, partial
payment, or reimbursement waived under this section must be
3.27 forgiven or vacated.
3.28 (e) Any judgment related
to a co-payment, partial payment, or reimbursement waived
3.29 under this section must
be treated as satisfied and any pending actions must be dismissed.
3.30 The filing fees for a
satisfaction of judgment filed under this section are waived.
3.31 (f) Nothing in this
section requires repayment of any portion of a co-payment, partial
3.32 payment, or
reimbursement paid before July 1, 2026.
4.1 EFFECTIVE DATE.
This section is effective July 1, 2026.
4.2 Sec. 3. REPEALER.
4.3 Minnesota Statutes 2024, sections 611.20, subdivisions 1
and 2; and 611.35, are repealed.
4.4 EFFECTIVE DATE.
This section is effective July 1, 2026.
APPENDIX
Repealed Minnesota Statutes:
26-07250
611.20 SUBSEQUENT ABILITY TO PAY COUNSEL.Subdivision 1.Court
determination.
If at any time after the state
public defender or a district public defender has been directed to act, the
court having jurisdiction in the matter is satisfied that the defendant or
other person is financially able to obtain counsel, the court shall terminate
the appointment of the public defender. The judicial district may investigate
the financial status of a defendant or other person for whom a public defender
has been appointed and may act to collect payments directed by the court.
If at any time after appointment a
public defender should have reason to believe that a defendant is financially
able to obtain counsel or to make partial payment for counsel, it shall be the
public defender's duty to so advise the court so that appropriate action may be
taken.
Subd. 2.Partial payment.
If the court determines that the
defendant is able to make partial payment, the court shall direct the partial
payments to the state general fund. Payments directed by the court to the state
shall be recorded by the court administrator who shall transfer the payments to
the commissioner of management and budget.
611.35 REIMBURSEMENT OF APPOINTED COUNSEL.Subdivision 1.Reimbursement;
civil obligation.
Any person who is represented by
appointed counsel shall, if financially able to pay, reimburse the governmental
unit chargeable with the compensation of appointed counsel for the actual costs
to the governmental unit in providing the services of the appointed counsel.
The court in hearing such matter shall ascertain the amount of such costs to be
charged to the defendant and shall direct reimbursement over a period of not to
exceed six months, unless the court for good cause shown shall extend the period
of reimbursement. If a term of probation is imposed as a part of a sentence,
reimbursement of costs as required by this chapter must not be made a condition
of probation. Reimbursement of costs as required by this chapter is a civil
obligation and must not be made a condition of a criminal sentence.
Subd. 2.Civil action.
The county attorney may commence a
civil action to recover such cost remaining unpaid at the expiration of six
months unless the court has extended the reimbursement period and shall, if it
appears that such recipient of appointed counsel services is about to leave the
jurisdiction of the court or sell or otherwise dispose of assets out of which
reimbursement may be obtained, commence such action forthwith. The county
attorney may compromise and settle any claim for reimbursement with the
approval of the court which heard the matter. No determination or action shall
be taken later than two years after the termination of the duties of the
appointed counsel.
