(a) Counsel appointed by the court for an indigent defendant, or representing a defendant who, at the outset of the prosecution, has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), may file an ex parte application requesting investigative, expert, interpreter, or other services necessary to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the services on behalf of the defendant. The court may establish a limit on the amount which may be expended or promised for such services. The court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained, but such ratification shall be given only in unusual situations. The court shall determine reasonable compensation for the services and direct payment by the county in which the prosecution originated, to the organization or person who rendered them, upon the filing of a claim for compensation supported by an affidavit specifying the time expended, services rendered, and expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source.
(b) The compensation to be paid to a person for such service rendered to a defendant under this section, or to be paid to an organization for such services rendered by an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court as necessary to provide fair compensation for services of an unusual character or duration and the amount of the excess payment is approved by the chief judge of the district. The chief judge of the judicial district may delegate approval authority to an active district judge.
(c) If the court denies authorizing counsel to obtain services on behalf of the defendant, the court shall make written findings of fact and conclusions of law that state the basis for determining that counsel may not obtain services on behalf of the defendant. When the court issues an order denying counsel the authority to obtain services, the defendant may appeal immediately from that order to the court of appeals and may request an expedited hearing.
1965 c 869 s 8; 1969 c 9 s 91; 1986 c 444; 1989 c 335 art 1 s 261; 1994 c 636 art 8 s 14; 1Sp2021 c 11 art 3 s 28
Structure Minnesota Statutes
Chapters 609 - 624 — Crimes; Expungement; Victims
Chapter 611 — Rights Of Accused
Section 611.01 — Ground Of Arrest, Knowledge.
Section 611.02 — Presumption Of Innocence; Conviction Of Lowest Degree, When.
Section 611.025 — Presumption Of Responsibility.
Section 611.026 — Criminal Responsibility Of Persons With A Mental Illness Or Cognitive Impairment.
Section 611.027 — Disposition Of Child Of Parent Arrested.
Section 611.033 — Copy Of Confession Or Admission.
Section 611.05 — Continuance; Effect; Bail.
Section 611.06 — Defendant Entitled To Blank Subpoenas.
Section 611.11 — No Presumption From Failure To Testify.
Section 611.14 — Right To Representation By Public Defender.
Section 611.15 — Notification Of Right To Representation.
Section 611.16 — Request For Appointment Of Public Defender.
Section 611.18 — Appointment Of Public Defender.
Section 611.19 — Waiver Of Appointment Of Counsel.
Section 611.20 — Subsequent Ability To Pay Counsel.
Section 611.21 — Services Other Than Counsel.
Section 611.215 — State Board Of Public Defense Created.
Section 611.216 — Criminal And Juvenile Defense Grants.
Section 611.23 — Office Of State Public Defender; Appointment; Salary.
Section 611.24 — Chief Appellate Public Defender; Organization Of Office; Assistants.
Section 611.25 — Powers; Duties; Limitations.
Section 611.26 — District Public Defenders.
Section 611.262 — Representation Before Appointment.
Section 611.263 — Employer; Ramsey, Hennepin Defenders.
Section 611.27 — Offices Of District Public Defender; Financing; Representation.
Section 611.271 — Copies Of Documents; Fees.
Section 611.272 — Access To Government Data.
Section 611.273 — Surplus Property.
Section 611.30 — Right To Interpreter, State Policy.
Section 611.31 — Disabled Person.
Section 611.32 — Proceedings Where Interpreter Appointed.
Section 611.33 — Qualified Interpreter.
Section 611.34 — Applicability To All Courts.
Section 611.35 — Reimbursement Of Appointed Counsel.
Section 611.362 — Claim For Compensation Based On Exoneration.
Section 611.363 — Compensation Panel.
Section 611.364 — Prehearing Settlements And Hearing.
Section 611.366 — Judicial Review.
Section 611.367 — Compensating Exonerated Persons; Appropriations Process.
Section 611.368 — Short Title.
Section 611.40 — Applicability.
Section 611.42 — Competency Motion Procedures.
Section 611.43 — Competency Examination And Report.
Section 611.44 — Contested Hearing Procedures.
Section 611.45 — Competency Findings.
Section 611.46 — Incompetent To Stand Trial And Continuing Supervision.
Section 611.47 — Administration Of Medication.
Section 611.48 — Review Hearings.
Section 611.49 — Likelihood To Attain Competency.
Section 611.50 — Defendant's Participation And Conduct Of Hearings.
Section 611.51 — Credit For Confinement.
Section 611.55 — Forensic Navigator Services.
Section 611.56 — State Competency Restoration Board.
Section 611.57 — Certification Advisory Committee.
Section 611.58 — Competency Restoration Curriculum And Certification.