H 4639 Session 111 (1995-1996)
H 4639 General Bill, By Harrison
A Bill 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.
02/20/96 House Introduced and read first time HJ-10
02/20/96 House Referred to Committee on Judiciary HJ-11
A BILL
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.
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