Delaware General Assembly

Stricken 6/13/02

The General Assembly has ended, the current status is the final status.

3/20/02

Hudson

Reps. Wagner, DiPinto, Keeley, Buckworth, Lee
Sen. Marshall, Winslow, Vaughn

AN ACT TO CREATE AN INDIGENT PARTY EXPENSE FUND.

The purpose of the legislation is to raise sufficient funds to be placed in an indigent service account for the purpose of defraying the cost of defending the indigent accused in criminal cases in our courts consistent with mandatory federal constitutional law. The main points of the legislation amending Title 11 Sections 4101 and 4106(c) are as follows: To assess a $10 surcharge after conviction of every person convicted of a criminal or motor vehicle offense in the Justice of the Peace Courts, the Court of Common Pleas, the Family Court and the Superior Court of this State. The assessment would be collected in priority in third position after the victim's compensation assessment and restitution. The $10 surcharge/assessment would not be subject to suspension. Monies collected would be placed directly in a "Indigent Party Expense Fund" to be administered by the Administrative Office of the Courts and would not pass directly into the General Fund. This separate account, although somewhat unusual admittedly, would allow for greater accountability and flexibility in defraying costs for indigent services in a manner which would not adversely affect the administration of justice. In the event in any given year that the fund has collected more than $2.5 million the overage would be paid directly into the General Fund. This is consistent with the projected collected funds to be $1.5 million per year. This would insure that no deficit would occur in the fund given current projections and other steps being taken to deal more efficiently with indigent services for a period of two years. The fund based upon certified need for the expense would defray the cost for court-appointed counsel, contract and conflicts counsel, interpreters and ancillary expenses which include forensic, mental health and other expert witnesses at the request of counsel and the discretion of the Court. No funds would be paid without judicial scrutiny, authorization by order and certification by the AOC that the funds existed in the "Indigent Party Expense Fund". In the meantime, the Committee on Ethics 2000 is currently in process of advising the Chief Justice on appropriate ways to address the issue of conflicts in public defender representation and the Chief Justice's appointed Committee on Indigent Services in Criminal Cases continues to explore the role of the private bar in assisting the poor and the court system in providing adequate non-compensated legal services.

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