41-4302. Nomination, retention and standards commission on indigent defense; membership

A. The nomination, retention and standards commission on indigent defense is established consisting of the following members:

1. Two county public defenders who are appointed by the governor, one of whom is from a county with a population of five hundred thousand or more persons and one of whom is from a county with a population of less than five hundred thousand persons.

2. One criminal defense attorney who is appointed by the governor.

3. One criminal defense attorney who is appointed by the president of the senate.

4. One criminal defense attorney who is appointed by the speaker of the house of representatives.

5. One justice of the supreme court who is appointed by the chief justice of the supreme court.

6. One superior court judge who is appointed by the chief justice of the supreme court.

7. Two private citizens who are appointed by the governor, neither of whom is a judge, law enforcement officer, prosecutor or court appointed employee.

B. The members shall annually elect a chairperson from among the members and a member shall not serve consecutive terms as chairperson.

C. A commission member serves a three year term and serves until the member's successor is duly appointed and qualified. An appointment to fill a vacancy resulting other than from expiration of a term is for the unexpired portion of the term only.

D. At all times during their terms, commission members shall maintain the occupational status under which they were appointed or shall be replaced by a person who is otherwise qualified.

E. On the original nomination for, or within thirty days after the occurrence of a vacancy in, the office of the state capital postconviction public defender, the commission shall submit to the governor the names of at least three persons who are nominated to fill the vacancy, not more than two-thirds of whom are members of the same political party.

41-4302. Nomination, retention and standards commission on indigent defense; membership

A. The nomination, retention and standards commission on indigent defense is established consisting of the following members:

1. Two county public defenders who are appointed by the governor, one of whom is from a county with a population of five hundred thousand or more persons and one of whom is from a county with a population of less than five hundred thousand persons.

2. One criminal defense attorney who is appointed by the governor.

3. One criminal defense attorney who is appointed by the president of the senate.

4. One criminal defense attorney who is appointed by the speaker of the house of representatives.

5. One justice of the supreme court who is appointed by the chief justice of the supreme court.

6. One superior court judge who is appointed by the chief justice of the supreme court.

7. Two private citizens who are appointed by the governor, neither of whom is a judge, law enforcement officer, prosecutor or court appointed employee.

B. The members shall annually elect a chairperson from among the members and a member shall not serve consecutive terms as chairperson.

C. A commission member serves a three year term and serves until the member's successor is duly appointed and qualified. An appointment to fill a vacancy resulting other than from expiration of a term is for the unexpired portion of the term only.

D. At all times during their terms, commission members shall maintain the occupational status under which they were appointed or shall be replaced by a person who is otherwise qualified.

E. On the original nomination for, or within thirty days after the occurrence of a vacancy in, the office of the state capital postconviction public defender, the commission shall submit to the governor the names of at least three persons who are nominated to fill the vacancy, not more than two-thirds of whom are members of the same political party.