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Arkansas Code Title 16. Practice, Procedure, and Courts § 16-87-303. Selection and qualifications of public defenders

Current as of March 28, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-87-303. Selection and qualifications of public defenders - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-87-303/

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