SEC.  25-32-45.  Powers and duties of district defender.

(1) Each district defender shall advise, represent and defend indigent persons accused of felony offenses or whose liberty interests are at risk at all stages of proceedings in any court in the counties of the circuit court district and as may be designated by the commission.

(2) Each district defender shall perform all duties assigned to him by the commission.

(3) Each district defender shall appoint and employ all personnel serving within the office of the district defender pursuant to guidelines published by the commission.

(4) To the extent he may do so consistent with the provisions of Sections 25-32-39 and 25-32-41, each district defender shall have and may exercise within the district which he serves each and every duty and power given to the commission and/or the executive director by Sections 25-32-39 and 25-32-41; moreover, each district defender shall assist and cooperate with the commission and/or the executive director in its or his exercise and discharge of the duties and powers set forth in
Sections 25-32-39 and 25-32-41.

SOURCES: Laws, 1998, ch. 575, § 8, SB 2239, eff from and after July 1, 1998, provided the new programs authorized by Laws, 1998, ch. 575, are funded and certified.

NOTE: Laws, 1998, ch. 575, § 21, provides:

SECTION 21. (1) All new programs authorized under this Senate Bill No. 2239 shall be subject to the availability of funds specifically appropriated therefor by the Legislature during the 1998 Regular Session or any subsequent session. This act shall be codified but no amendment to a code section or repeal of a code section enacted by this Senate Bill No. 2239 shall take effect until the Legislature has funded any new programs authorized hereunder by line item appropriation, said line item appropriation to be certified by the Legislative Budget Office to the Secretary of State.

(2) Notwithstanding any other provision of this act, the only actions authorized under this act to be funded shall be the hiring of the executive director, the hiring of a secretary for the executive director, expenses necessary for the operation of the commission and the executive director's office and expenses incidental thereto, and providing per diem for the members of the commission unless other legal funding as authorized under this act other than by appropriation of the Legislature is available. The commission shall assess the feasibility and cost of the implementation of this act and report its findings to the Legislature not later than January 1, 1999. This subsection (2) shall stand repealed on July 1, 1999.
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