Colorado Code § 21-1-101

Public defender - policy - commission
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(1) The office of state public
defender is hereby created and established as an agency of the judicial department of state
government. The general assembly hereby declares that the state public defender at all times
shall serve his clients independently of any political considerations or private interests, provide
legal services to indigent persons accused of crime that are commensurate with those available to
nonindigents, and conduct the office in accordance with the Colorado rules of professional
conduct and with the American bar association standards relating to the administration of
criminal justice, the defense function.
(2) The Colorado supreme court shall provide for the appointment, terms, and procedure
for a five-member public defender commission, no more than three of whom shall be from the
same political party. Three of the members of the commission shall be attorneys admitted to
practice law in this state, and two shall be citizens of Colorado not admitted to practice law in
this state. In making appointments to the commission, the supreme court shall consider place of
residence, sex, race, and ethnic background. No member of the commission shall be at any time
a judge, prosecutor, public defender, or employee of a law enforcement agency.
(3) The public defender commission shall appoint and discharge, for cause, the state
public defender, who shall be appointed to serve a term of five years and shall serve until his
successor is appointed and qualified. He may be reappointed for one or more subsequent five-
year terms. Vacancies in the office shall be filled by the public defender commission for the
remainder of the unexpired term. The state public defender serving as such on July 1, 1979, shall
continue to serve his current term.
(4) Members of the public defender commission shall serve without compensation but
shall be reimbursed for actual and reasonable expenses incurred in the performance of their
duties.
(5) Any expenses incurred for the commission shall be paid from the general operating
budget of the office of the state public defender.

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