§ 611.20 — Subsequent Ability to Pay Counsel
Plain-Language Summary
If the court finds out that a defendant who has a public defender can actually afford a private lawyer, the court must end the public defender appointment. If the defendant can afford to pay part of the cost, the court can order partial payments, which go to the state general fund. The judicial district may investigate a defendant's finances to check if they can pay.
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. §
Subd. 3.
MS 2022 [Repealed, 2024 c 123 art 14 s 23] §
Subd. 4.
MS 2022 [Repealed, 2024 c 123 art 14 s 23] §
Subd. 5.
[Repealed, 2007 c 54 art 5 s 21; 2007 c 61 s 17] §
Subd. 6.
[Repealed, 2012 c 212 s 18] §
Subd. 7.
MS 2022 [Repealed, 2024 c 123 art 14 s 23]
History:
1965 c 869 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1990 c 604 art 9 s 5; 1991 c 345 art 3 s 5; 1993 c 146 art 2 s 20,31; 1994 c 636 art 11 s 4; 1995 c 226 art 2 s 25-29,36; 1998 c 367 art 8 s 13-15; 2003 c 112 art 2 s 50; 2007 c 61 s 5; 2009 c 101 art 2 s 109; 1Sp2010 c 1 art 14 s 18; 2012 c 212 s 13
History: History: 1965 c 869 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1990 c 604 art 9 s 5; 1991 c 345 art 3 s 5; 1993 c 146 art 2 s 20,31; 1994 c 636 art 11 s 4; 1995 c 226 art 2 s 25-29,36; 1998 c 367 art 8 s 13-15; 2003 c 112 art 2 s 50; 2007 c 61 s 5; 2009 c 101 art 2 s 109; 1Sp2010 c 1 art 14 s 18; 2012 c 212 s 13