LITTLE ROCK — CORRECTION: The Arkansas Supreme Court decision in case No. CR10-120, Arkansas Public Defenders Commission v. Pulaski County Circuit Court, found that the commission had to pay “reasonable and necessary” defense costs in the capital murder trial of Abdulhakim Mujahid Muhammad even though he was being represented by retained counsel. The case did not require the Public Defenders Commission to pay attorney fees to private lawyers hired by indigent people. The result of the ruling was incorrectly stated in Thursday’s story about proposed legislation filed for the upcoming session of the Arkansas General Assembly.
A Little Rock lawmaker has filed a bill in an effort to stop poor defendants from hiring a private attorney and then charging the state’s Public Defender Commission for the cost.
In May, the Supreme Court found that the law granting state-funded public defenders for people who cannot afford them does not address who gets to pick the lawyer. The Arkansas Public Defender Commission has said the decision could significantly affect its operations and has asked the state for $500,000 to meet the anticipated onslaught of funding requests.
Rep. John Edwards, D-Little Rock, filed the bill Nov. 16 for the 2011 Legislative session that begins Jan. 10.
The bill, House Bill 1004, stipulates that the commission will pay expenses for counsel appointed by the court andstates that the expenses will not include privately retained attorneys except in limited situations.
“This leaves the Arkansas Public Defenders Commission open to having others attempt to have their own private counsel paid for,” Edwards said of the court ruling. “There’s never been a constitutional right to where if you’re an indigent you can go out and hire your own attorney and send the bill to the state.”
The court ruled that a Muslim convert facing trialon a charge that could lead to the death penalty over the slaying of a soldier in Little Rock is entitled to state funding for his defense.
Abdulhakim Mujahid Muhammad, born Carlos Leon Bledsoe, is charged with capital murder, attempted capital murder and 10 other counts in the June 2009 shooting at a west Little Rock recruiting center that killed Pvt. William Long of Conway and wounded a second soldier.
The question of who would pay his defense costs was the heart of a court battlethat began in January when his attorney, whose legal fees were being paid by Muhammad’s parents, claimed that his client was entitled to state funding because Muhammad is too poor to pay the costs himself.
The Supreme Court found that Arkansas Code Annotated 16-87-212 does not limit the use of commission funds to only the defense of poor defendants represented by the commission.
The U.S. Supreme Court has found that poor criminaldefendants are at an unconstitutionally unfair disadvantage when facing betterfunded state prosecutors at trial, particularly in deathpenalty cases, unless they receive adequate funding. Such rulings led in part to the establishment of Arkansas’ Public Defender Commission in 1993.
According to the commission, more than 90 percent of people prosecuted by the state of Arkansas are represented by public defenders or appointed counsel.
Commission Director Didi Sallings said the commission already employs attorneys to handle cases for people who cannot hire their own attorneys.
She said when the commission hires an independent attorney to handle a case that lawyer has to meet certain conditions, but when an indigent person hires a lawyer the defendant can hire any attorney.
“There’s an issue of quality control,” Sallings said. “You can go out and hire anybody.”
In its 2012 budget request, the commission asked for additional staff and $500,000 to cover hundreds of anticipated requests for funding.
Sallings said the commission has received seven requests for the state to pay for independent counsel since the Muhammad decision.
“I can't predict how many more are coming,” Sallings said.
Fourteen bills have been filed since prefiling began Nov. 15. Two deal with illegal aliens.
One, HB101 3 by Rep. Jim Nickels, D-North Little Rock, would allow the state Contractor’s Licensing Board to punish contractors who hire workers they know are not in the U.S. legally. The punishment can be a fine or suspending or revoking the contractor’s license. The bill has a provision to protect contractors who hire illegal workers who used falsedocuments.
HB1008 by Reps. Justin Harris, R-West Fork, and Jon Woods, R-Springdale, states that U.S. citizenship or legal residency is required in order to receive in-state tuition rates at state-supported higher education institutions.
According to the National Conference of State Legislatures, 11 states have passed legislation to allow long-term illegal alien students to be eligible for in-state tuition if they meet certain standards.
Proposed federal legislation, the Development, Relief and Education for Alien Minors Act, would provide a path to U.S. citizenship for people who were under the age of 16 when they entered the country, have been physically present in the U.S. for at least five years, have a high school diploma and are not deportable for criminal or security reasons.
Arkansas Department of Higher Education Director Jim Purcell said the bill “is in line with Arkansas’ interpretation of federal law which addresses eligibility for higher education benefits based on citizenship and residency.”
Sponsored by Rep. David Sanders, R-Little Rock, HB1005 would reinstate the state’s old nickname, “the land of opportunity,” in order to reflect the business and industry outlook for the state.
Lawmakers switched the state’s nickname from “The Wonder State” to “The Land of Opportunity” in 1953. The current nickname, “The Natural State” was adopted in 1995 with Act 1352.
Rep. Billy Gaskill, D-Paragould, filed HB1003 that would make it a Class D felony to drive faster than 90 miles per hour when fleeing from the police. A Class D felony is punishable by up to six years in prison and up to a $10,000 fine.
It is currently a Class D felony to evade police in a way that creates a substantial risk of injury or death to others. It is a Class A misdemeanor to flee police by means of a vehicle.
Arkansas, Pages 16 on 11/25/2010