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Arkansas lawmakers asked the Public Defender's Commission on May 25 to clarify state limits on rehiring former public defender employees as privately appointed attorneys.
Senator Jim Bryant asked Greg Parrish, executive director of the Arkansas Public Defender Commission, whether part‑time attorneys who left public defender posts and were later paid with federal COVID funds could be immediately appointed as private contractors to handle cases. Parrish told the committee that a statutory restriction — discussed under Title 19 during the hearing — prevents someone who was an employee from becoming a vendor and being appointed privately until a one‑year waiting period has passed.
Parrish explained, “Since they were an employee within the past year, they can't then switch over to being a vendor. They've got to wait a year to become a vendor so I can appoint them privately.” He added that an employee can be rehired into a full‑time staff position; the restriction affects switching to vendor status within one year of employment. The senator and Parrish discussed recent funding changes and whether earlier COVID‑era arrangements (which temporarily paid part‑time attorneys) affected eligibility for recent permanent hiring rounds.
Nut graf: The exchange highlights limits imposed by state employment rules on the use of private bar appointments to cover conflicts or caseloads when public defender staff are unavailable. Lawmakers pressed for clarity because temporary pandemic funding and subsequent hiring actions created confusion about who is eligible to be appointed privately.
Parrish said the commission consults with the Office of Personnel Management on complex employment questions and that rehiring options depend on whether a person is returning as an employee or qualifying as a vendor. Committee members asked to follow up offline for case‑specific clarifications; Parrish agreed to discuss details with senators after the hearing.
Ending: The committee did not take formal action during the exchange; senators asked for further conversations and for any clarifying guidance the commission can provide to legislators and local public defender offices.
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