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Committee reviews bill to guarantee appointed counsel at initial appearance; appropriation scaled and effective date delayed
Summary
A bill to presume indigence at an initial appearance and fund contract counsel availability drew committee questions about cost, timing and delivery; sponsors reduced the appropriation and included a delayed effective date.
Representative Lawrence Clamine presented a bill to clarify that incarcerated individuals at initial appearance are presumed indigent for purposes of appointed counsel. The proposal follows a work group and court cases in other Eighth Circuit states that have found appointed counsel at the initial appearance can be a constitutional requirement.
Clamine said the bill originally included a $616,000 appropriation for the Commission on Legal Counsel for Indigence; the committee reduced that figure to $463,000 and added a delayed effective date of Jan. 1, 2026…
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