reglab/housing_qa huggingface dataset:
AR Code § 16-87-205 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 2 - Arkansas Public Defender Commission|§ 16-87-205. Capital, Conflicts, and Appellate Office

 (a) There is hereby created the Capital, Conflicts, and Appellate Office to represent indigent defendants when the death penalty is sought and the trial public defender's office is unable to represent the defendant for the reasons set forth in subdivision (c)(1)(A) of this section.  (b) The Capital, Conflicts, and Appellate Office shall operate under the supervision of the Executive Director of the Arkansas Public Defender Commission.  (c)  (1) The Arkansas Public Defender Commission shall be appointed by the trial court in the following situation:  (A)  (i) In capital murder cases in which the death penalty is sought if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person.  (ii) The representation may be in conjunction with appointed private attorneys.  (iii) In capital murder cases, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought, it shall be presumed for purposes of this section that the death penalty will be sought.  (iv)  (a) The executive director may assign the Capital, Conflicts, and Appellate Office, a trial public defender from another area, a private attorney whose name appears on a list of attorneys maintained by the commission, or a combination of private and public defender attorneys to represent the indigent person.  (b) The executive director shall notify the trial court of the assignment and an order reflecting the assignment shall be entered.        (2)  (A) In noncapital cases, if a conflict of interest is determined by the court to exist between the trial public defender's office and the indigent person, or if for any other reason the court determines that the trial public defender cannot or should not represent the indigent person, then the court, if time permits shall contact the commission to determine if a public defender from an adjacent area is available for appointment.  (B)  (i) If time does not permit or if there is not a trial public defender from an adjacent area available, then the court may appoint a private attorney.  (ii) The trial judge shall notify in writing the commission of the appointment, the type of case, and the reason for the appointment within twenty (20) days of the appointment.        (d) To the extent money is appropriated, the executive director of the commission may hire attorneys, investigators, research assistants, and other staff as necessary to properly represent indigent persons.
AR Code § 16-87-211 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 2 - Arkansas Public Defender Commission|§ 16-87-211. Compensation

 (a) On an interim basis in complex cases or at the conclusion of each case, the appointed attorney shall submit his or her bill to the appointing court, which shall issue an order authorizing compensation.  (b)  (1) An application for compensation shall be submitted to the Arkansas Public Defender Commission accompanied by the affidavit of the appointed attorney detailing the hours spent on the case and the services rendered and whether compensation was received or has been applied for from any other source.  (2) The commission shall determine and set the compensation award based upon guidelines established by the commission.    (c) There shall be no maximum amount of compensation in capital cases.
AR Code § 16-87-212 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 2 - Arkansas Public Defender Commission|§ 16-87-212. Court fees and expenses

 (a)  (1) The Arkansas Public Defender Commission is authorized to pay for certain expenses regarding the defense of indigents.  (2)  (A) The expenses shall include, but shall not necessarily be limited to, fees for counsel appointed by the court, expert witnesses, temporary investigators, testing, and travel.  (B)  (i) Expenses shall not include attorney's fees for counsel privately retained for the benefit of an indigent defendant for that defendant's defense.  (ii) The commission may authorize the payment of expenses of counsel privately retained for the benefit of an indigent defendant, provided counsel complies with the standards set by the commission under this subchapter governing counsel appointed by the court or employed or contracted by the commission.      (3)  (A) Whenever a judge orders an authorized payment in a case involving an indigent person, a copy of the order accompanied by a detailed explanation of services rendered, time spent, and expenses incurred shall be transmitted to the commission, and the commission shall set the amount of compensation.  (B) Orders as authorized throughout this chapter shall be paid by the commission provided sufficient funds are available.      (b)  (1) With the approval of the Executive Director of the Arkansas Public Defender Commission, trial public defenders, appointed private attorneys, and the Capital, Conflicts, and Appellate Office are authorized to utilize the services of the State Crime Laboratory for pathology and biology, toxicology, criminalistics, raw drug analysis, latent fingerprint identification, questioned documents examination, firearms and toolmarks identification, and in other such areas as the trial judge may deem necessary and appropriate.  (2) If approved by the executive director, the laboratory shall provide the requested services.    (c) At the discretion of the commission, capital murder cases and all proceedings under the Arkansas Rules of Criminal Procedure, Rule 37.5, shall be paid entirely by the commission.
AR Code § 16-87-214 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 2 - Arkansas Public Defender Commission|§ 16-87-214. Prohibited conduct

 (a) A trial public defender or a deputy trial public defender shall not:  (1) Receive any funds, services, or other thing of monetary value, directly or indirectly, for the representation of an indigent person pursuant to court appointment, except the compensation authorized by law; or  (2) Refer any person, indigent or otherwise, who contacts the trial public defender to any other attorney, except pursuant to guidelines established by the Arkansas Public Defender Commission.    (b) This section does not bar a prosecution or other disciplinary action against a trial public defender or deputy trial public defender who commits a violation of the law or the Arkansas Rules of Professional Conduct.  (c) The commission and the Executive Director of the Arkansas Public Defender Commission shall not interfere with the discretion, judgment, or advocacy of a trial public defender, a deputy trial public defender, or an appointed private attorney in the representation of indigent persons, but nothing in this subsection shall be construed to preclude the commission or the executive director from refusing to approve an expenditure of public funds.
AR Code § 16-87-215 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 2 - Arkansas Public Defender Commission|§ 16-87-215. Trial Public Defender Office

 There is hereby created the Trial Public Defender Office within the Arkansas Public Defender Commission, to be composed as follows:   (1) The Trial Public Defender Office shall supervise the development and operations of each of the components of the Arkansas trial public defender system pursuant to the rules and standards for governing the system adopted by the commission;  (2)  (A) The Executive Director of the Arkansas Public Defender Commission shall appoint a defense services administrator.  (B) The administrator shall be chosen solely on the basis of training, experience, and other qualifications.  (C) The administrator need not be licensed to practice law; and    (3) The administrator may hire support staff and other personnel as necessary to properly discharge the duties assigned to the office to the extent allowed and as funds are appropriated by the General Assembly.
AR Code § 16-87-217 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 2 - Arkansas Public Defender Commission|§ 16-87-217. Recovery of fees owed

 (a)  (1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made.  (2) Suit shall be brought within three (3) years after the date a certificate of indigency is filed.    (b)  (1) The State of Arkansas also shall recover any fees owed or money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made by attaching a lien to the person's legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state.  (2) To effectuate a lien under subdivision (b)(1) of this section, a public defender shall file a notice of the lien setting forth services rendered to the person and a claim for reasonable value of the services with the clerk of the circuit court not later than ten (10) days after the disposition of the case.  (3) The person named in the notice of the lien shall be served personally with a copy of the lien in court immediately at the end of the trial court proceedings.  (4) The circuit court shall determine whether all or any part of the lien shall be allowed.    (c) In the event that a circuit court, county court, or district court renders a judgment for recovery of money in a civil action as described in this section, the Arkansas Public Defender Commission may file a claim for a setoff of the judgment amount against the person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq.  (d) This section does not prohibit the commission from filing a claim for a setoff against a person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq. to recover the fee provided for under § 16-87-213(b) or a judgment provided in § 16-87-218.
AR Code § 16-87-218 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 2 - Arkansas Public Defender Commission|§ 16-87-218. Schedule of costs for legal services — Definitions

 (a) As used in this section:  (1) “Early disposition” means a disposition that occurs within sixty (60) days of the date of the person's arrest or before the state files a criminal information, whichever occurs sooner; and  (2) “Extended matter” means a case that involves legal proceedings that extend beyond a completed trial.    (b) At the time of final disposition of any charges pending against a defendant represented by a public defender, the public defender shall ask the court to enter a judgment against the defendant in favor of the State of Arkansas for legal services rendered by the public defender.  (c) The amount of judgment shall be based on the following nonbinding fee schedule:  (1) Capital murder, § 5-10-101, in which the death penalty was given, including any appeal and post-conviction remedy, twelve thousand five hundred dollars ($12,500);  (2) Capital murder, § 5-10-101, in which the death penalty was not given, murder in the first degree, § 5-10-102, or Class Y felony:  (A) For an early disposition, five hundred dollars ($500);  (B) For a negotiated plea or disposition before trial, two thousand five hundred dollars ($2,500); or  (C) For a trial or an extended matter, seven thousand five hundred dollars ($7,500);    (3) Any other felony homicide, §§ 5-10-103 — 5-10-106, Class A felony, or Class B felony:  (A) For an early disposition, two hundred fifty dollars ($250);  (B) For a negotiated plea or disposition before trial, one thousand two hundred fifty dollars ($1,250); or  (C) For a trial or an extended matter, five thousand dollars ($5,000);    (4) A Class C felony, Class D felony, unclassified felony, or driving or boating while intoxicated, § 5-65-103, third offense:  (A) For an early disposition, one hundred twenty-five dollars ($125);  (B) For a negotiated plea or disposition before trial, six hundred twenty-five dollars ($625); or  (C) For a trial or an extended matter, two thousand five hundred dollars ($2,500);    (5) Any other misdemeanor:  (A) For an early disposition, sixty-five dollars ($65.00);  (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or  (C) For a trial or an extended matter, five hundred dollars ($500);    (6) Any juvenile matter:  (A) For an early disposition, sixty-five dollars ($65.00);  (B) For a negotiated plea or disposition before trial, one hundred twenty-five dollars ($125); or  (C) For a trial or an extended matter, five hundred dollars ($500); or    (7) Any post-conviction relief that is not a direct appeal of the conviction:  (A) For an early disposition, two hundred dollars ($200);  (B) For a negotiated plea or disposition before trial or hearing, four hundred dollars ($400); or  (C) For a trial or hearing or an extended matter, six hundred twenty-five dollars ($625).      (d) A court is not required to enter a judgment against a defendant under this section.
AR Code § 16-87-301 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 3 - Funding|§ 16-87-301. Transition to state funding

 (a) It is the intent of the General Assembly in the transition to a state-funded public defender system to provide an appropriate and adequate level of legal representation to indigent persons in all areas of the state. It is recognized by the General Assembly that in many areas of the state, resources have not been available to support a public defender system at the necessary level. It is also recognized, however, that in other areas, a system has been developed which is appropriately and successfully serving indigent persons and the justice system. With the transition from local funding of the system to state funding of the system, it is not the intent of the General Assembly to adversely affect those systems which are working well or to put in place a system which is too inflexible to respond to local needs or restrictions.  (b) In its administration of the system, therefore, the Arkansas Public Defender Commission is charged with the authority and responsibility to establish and maintain a system of public defenders which equitably serves all areas of the state, provides quality representation, makes prudent use of state resources, and works with others in the justice system at the state and local level to provide an appropriate level of legal services to indigent persons in our state.
AR Code § 16-87-302 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 3 - Funding|§ 16-87-302. Funding of public defenders

 (a) The Arkansas Public Defender Commission shall be responsible for the payment of the following:  (1) The salaries of public defenders;  (2) The salaries of secretaries and other support staff of the public defender's office;  (3) The payment of the costs of certain expenses, as authorized by § 16-87-212.    (b) Each county or counties within a judicial district shall be responsible for the payment of the following:  (1)  (A) The cost of facilities, equipment, supplies, and other office expenses necessary to the effective and efficient operation of the public defender's office.  (B) Funding for these expenditures may be from:  (i) A county administration of justice fund;  (ii) A county's general fund;  (iii) A county's public defender fund;  (iv) A county's indigent defense fund;  (v) A county's public defender investigator fund; or  (vi) Any other fund authorized by law for that purpose.    (C) These expenditures shall comply with an itemized, line-item budget appropriated by the quorum court; and    (2) The compensation of additional personnel within the office of the public defender, when approved in advance by the quorum court.
AR Code § 16-87-303 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 3 - Funding|§ 16-87-303. Selection and qualifications of public defenders

 (a) Each person selected as a public defender shall be:  (1) Licensed to practice law in the State of Arkansas; and  (2) Experienced in the defense of criminal cases.    (b)  (1) Any person interested in being considered for appointment as a public defender in a judicial district shall submit his or her name to the Arkansas Public Defender Commission.  (2)  (A) The commission shall evaluate and submit up to three (3) names to the judges within the judicial district.  (B) By majority vote, the judges will select one (1) of the candidates whose name was submitted by the commission as the public defender.  (C) If one (1) of the candidates submitted does not receive a majority vote from the judges, then the commission shall select the public defender.      (c)  (1) The public defender in each judicial district shall be appointed for a term of two (2) years and shall be removed by the commission before the expiration of his or her term only for just cause.  (2) Just cause for removal shall consist of permanent physical or mental disability seriously interfering with the performance of duties, willful misconduct in office, willful and persistent failure to perform public defender duties, habitual intemperance, or conduct prejudicial to the administration of justice.    (d) The public defender shall be eligible for reappointment.  (e) Vacancies in the office shall be filled in the same manner as the initial appointment.
AR Code § 16-87-304 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 3 - Funding|§ 16-87-304. Distribution and placement of public defender positions

 (a) There shall be created within the Arkansas Public Defender Commission a number of positions, including chief public defenders, public defenders, investigators, and secretaries.  (b)  (1) The commission shall allocate positions to each county or judicial district based on an appropriate formula adopted by the commission.  (2) In the distribution of positions, the commission shall be guided by:  (A) The current distribution and type of positions across the state;  (B) An evaluation of court case filings and dispositions, the number of judges, the size and population of the county or district, and other appropriate factors; and  (C) The desire to avoid the necessity of appointing outside public defenders or private counsel due to conflicts of interest.      (c)  (1) There shall be at least one (1) public defender position allocated to each judicial district.  (2)  (A) Where appropriate, a position or positions may be assigned to a single county.  (B) In counties where more than one (1) position is allocated, the commission may designate one (1) or more of the positions as chief public defender.    (3)  (A) When one (1) or more chief public defenders is assigned to a county or judicial district and the chief public defender shall have administrative authority over other public defenders within the county or district, the chief public defender may select the other public defenders subject to the approval of the commission.    (4)  (A) Public defender positions may be allocated on a full-time or part-time basis.  (B) When a public defender is employed on a part-time basis, he or she may engage in the general practice of law.  (C) No person who serves as a full-time public defender may engage in the private practice of law.  (D) No person shall serve as a part-time public defender who also serves as a part-time municipal court judge, city court judge, or deputy prosecuting attorney in any judicial district.
AR Code § 16-87-305 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 3 - Funding|§ 16-87-305. Salaries of public defenders

 (a) The entry level salaries of public defenders and public defender staff positions shall be consistent with that established by the state pay plan for the appropriate grade of each position.  (b) The public defenders and public defender staff positions shall be subject to the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.
AR Code § 16-87-306 (2020)
2020 Arkansas Code|Title 16 - Practice, Procedure, And Courts|Subtitle 6 - Criminal Procedure Generally|Chapter 87 - Public Defenders|Subchapter 3 - Funding|§ 16-87-306. Duties

 The public defender in each judicial district shall have the following duties:   (1)  (A) To defend indigents within the district as determined by the circuit, municipal, or juvenile courts in the district in all:  (i) Felony, misdemeanor, juvenile, guardianship, and mental health cases;  (ii) Traffic cases punishable by incarceration; and  (iii) Contempt proceedings punishable by incarceration.    (B) Except for juvenile representation in family in need of services cases, in no case may a public defender be appointed or the commission be responsible for payment where there is no risk of incarceration or loss of liberty; and    (2)  (A) In all capital cases where the death penalty is sought, two (2) attorneys shall be appointed, unless the prosecuting attorney informs the circuit court at the arraignment of the defendant that the death penalty will not be sought.  (B) The Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission may be appointed, consistent with § 16-87-205.  (C) It should be presumed for purposes of this section that the death penalty will be sought.