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Ark. Code Ann. § 16-87-214

Prohibited conduct

Known as the Public Defender Act

The act spans §§ 16–16 (23 sections).

Applied in 3 court decisions — leading case Rushing v. State (2000)

Most recently applied in Hammon v. State (January 2002)

Acts 1993, No. 1193, § 14; 2015, No. 1152, § 9.

(1) A trial public defender or a deputy trial public defender shall not: 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.

(3) 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.

(4) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.