SEC. 99-39-117. Conflict of interest; employment of qualified private counsel; payment of fees and expenses; Special Capital Post-Conviction Counsel Fund.

If, at any time during the representation of two (2) or more defendants, the director determines that the interest of those persons are so adverse or hostile that 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, not withstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses, approved by order of the appropriate court, including investigative and expert witness expenses of such private counsel shall be paid from funds appropriated to a Special Capital Post-Conviction Counsel Fund for this purpose, which fund is hereby created. Monies in this fund shall not lapse into the General Fund at the end of a fiscal year but shall remain in the fund and any interest which accrues to the fund shall remain in the fund.

SOURCES: Added by Laws 2000, Ch. 569,§ 9, HB1228, eff. July 1, 2000.