- Tort liability. A. In each county of this state possessing a population of over three hundred thousand (300,000) according to the Federal Decennial Census of 1990, or any succeeding Federal Decennial Census, there is hereby created the office of public defender, and such office shall be charged upon the order of any judge of a court of record of such county, with the protection of the rights of any defendant to a criminal action. The board of county commissioners of such county shall provide for necessary office supplies and equipment and arrange for sufficient office space in the county building, used by the courts of record of such county, to permit the efficient and effective operation of the office of public defender. B. Subject to available funding, the board of county commissioners, along with the office of the public defender, shall provide and coordinate training and continuing legal education for attorneys employed by the office of the public defender. Curriculum for training required under this section shall include, but not be limited to: 1. Nationally recognized defense seminars; and 2. Evidence-based practices regarding behavioral health and treatment of defendants with substance abuse or mental health needs. C. For purposes of liability under the Governmental Tort Claims Act, any public defender, assistant public defender or employee thereof, who is employed under this section shall be deemed a state employee. Added by Laws 1995, c. 240, § 1, emerg. eff. May 24, 1995. Amended by Laws 2001, c. 129, § 1, eff. July 1, 2001; Laws 2017, c. 351, § 1, eff. Nov. 1, 2017.
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