NM center on law and povert

Thursday, February 07, 2008

House OK's Bill To Detach Public Defender from Governor

Associated Press
      
    SANTA FE — A proposal to make the state Public Defender Department more independent of the governor has passed the House and gone to the Senate.
    The legislation creates an 11-member commission that would oversee the department and appoint the public defender, who now is appointed by the governor.
    Supporters of the bill say the governor — who effectively sets law enforcement policy — should not also oversee the agency that represents criminal defendants.
    They say the change would strengthen a department that is underfunded and lacks resources, and would remove pressure — real or perceived — from any governor who wanted to appear tough on crime.
    The right to a lawyer is guaranteed in the constitution and the state is obliged to provide a fair and vigorous defense for poor defendants, said House Judiciary Chairman Al Park, D-Albuquerque, who sponsored the bill. There should be parity between prosecutors' and defenders' offices, he said.
    "We really need to have a strong, equal public defender to ensure the success of the criminal justice system,'' Park said.
    The bill was approved 58-4 on Wednesday.

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