99-18-17. Conflict of interest; employment of qualified private counsel; payment of fees and expenses; Capital Defense Counsel Special Fund.
If, at any time, during the representation of two (2) or more defendants the director determines that the interests of those persons are so adverse or hostile they cannot all be represented by the director or his staff without conflict of interest, or if the director shall determine that the volume or number of representations shall so require, the director in his sole discretion, notwithstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses approved by order of the court of original jurisdiction, including investigative and expert witness expenses of such private counsel, shall be paid by funds appropriated to a Capital Defense Counsel Special Fund for this purpose, which fund is hereby created. Monies in this fund shall not lapse into the General Fund at the end of the fiscal year but shall remain in the fund, and any interest accrued to the fund shall remain in the fund.
SOURCES: Laws, 2000, Ch. 569, § 27, HB1228, eff. July 1, 2000.