If it appears to a court that a person requesting the appointment of counsel satisfies the requirements of this chapter, the court shall order the public defender to represent the person. For a person appealing from a conviction, or a person pursuing a postconviction proceeding and who has not already had a direct appeal of the conviction, according to the standards of sections 611.14, clause (2), and 611.25, subdivision 1, paragraph (a), clause (2), the chief appellate public defender shall be appointed. For a person covered by section 611.14, clause (1), (3), or (4), the chief district public defender shall be appointed to represent that person. If at any stage of the proceedings the court finds that the defendant is financially unable to pay counsel whom the defendant had retained, the court may appoint the public defender to represent the defendant, as provided in this section. Prior to any court appearance, a public defender may represent a person accused of violating the law, who appears to be financially unable to obtain counsel, and shall continue to represent the person unless it is subsequently determined that the person is financially able to obtain counsel. The representation may be made available at the discretion of the public defender, upon the request of the person or someone on the person's behalf. Any law enforcement officer may notify the public defender of the arrest of any such person.
Notes of Decisions
Cited in
12
cases, 1980–2016 · leading case:
State v. Randolph, 800 N.W.2d 150 (Minn. 2011).
State v. Randolph, 800 N.W.2d 150 (Minn. 2011).
· cites it 40× “The County responds that Minn.Stat. § 611.18 (2010) requires district courts to order a public defender to represent an otherwise eligible misdemeanant through all stages of his proceeding, including his appeal.”
In Re the Welfare of J.B., 782 N.W.2d 535 (Minn. 2010).
· cites it 6× “14, it is Minn.Stat. § 611.18 (2008) that authorizes the district court to actually appoint a public defender.”
State v. Jones, 772 N.W.2d 496 (Minn. 2009).
· cites it 4× “Minn.Stat. § 611.18 (2008). Both parties agree that we should apply the abuse of discretion standard of review from In re Stuart, 646 N.”
In Re the Welfare of S.L.J., 782 N.W.2d 549 (Minn. 2010).
· cites it 7× “Minn.Stat. § 611.18. Rice County contends that because the district court found that S.”
State v. Pederson, 600 N.W.2d 451 (Minn. 1999).
· cites it 14× “See Minn.Stat. § 611.18 (1998); see also Minn.”
State of Minnesota v. Thomas James Fox, 868 N.W.2d 206 (Minn. 2015).
· cites it 2× “See Minn.Stat. § 611.18 (2014) (“Prior to any court appearance, a public defender may represent a person accused of violating the law, who appears to be financially unable to obtain coun.”
State v. Ferris, 540 N.W.2d 891 (Minn. Ct. App. 1995).
· cites it 4× “See also Minn.Stat. § 611.18 (1986) ("If it appears to a court that a person requesting an appointment of counsel satisfies the requirements of this chapter the court shall order the appropriate public defender to represent the person at all further stages of the proceeding * *…”
State v. Carson, 320 N.W.2d 432 (Minn. 1982).
· cites it 2× “Minn.Stat. § 611.18 (1980) authorizes pre-appearance representation by the public defender of any person who appears to be financially unable to obtain counsel upon the request of that person.”
Ramsey Cnty. Pub. Def.'s Off. v. Fleming, 294 N.W.2d 275 (Minn. 1980).
· cites it 2× “Although not directly applicable, we note with interest that Minn.Stat. § 611.18 (1978) allows a public defender on his or her own initiative to make an initial assessment of a criminal defendant’s financial eligibility and to represent that defendant prior to any court…”
MicLeonard James Fisherman, Jr. v. State of Minnesota (Minn. Ct. App. 2016).
· cites it 2× “pursuing a postconviction proceeding and who has not already had a direct appeal of the conviction”) (emphasis added); Minn. Stat. § 611.18 (2014) (“For . . . a person pursuing a postconviction proceeding and who has not already had a direct appeal of the conviction .”
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