NMI Judiciary, Bar ink MOU to create conflicts counsel for indigent defense

To create a mechanism for consistent representation of indigent individuals and effective payment procedures to counsel, a memorandum of understanding has been entered into between the CNMI Judiciary and the CNMI Bar Association. The MOU establishes an agreement for the creation of a privately retained conflicts counsel designee (conflicts counsel) to ensure that competent representation is provided to indigent persons with a constitutional or statutory right to appointed counsel through a cost-effective and efficient court appointment process. The MOU sets forth the steps necessary for the appointment and payment of a CNMI licensed attorney or law firm to act as conflicts counsel for indigent persons when the Public Defender’s Office or Micronesian Legal Services Corp. are unable to provide representation due to a conflict of interest or other inability.

Among the provisions of the MOU, the Bar Association agrees to contract with and compensate the private conflicts council for one year of services with the potential for renewal. It will also designate a conflicts counsel based on the recommendation of a selection committee formed in consultation with the Judiciary. The Bar Association will furthermore ensure that conflicts counsel is appropriately licensed and competent, and will accept all cases requiring appointment of conflicts counsel, including criminal, juvenile, traffic and civil commitment cases. The Judiciary will appoint conflicts counsel when the Public Defender’s Office or Micronesian Legal Services is conflicted. The Bar Association will ensure that the conflicts counsel provides representation in accordance with court rules and professional standards throughout court proceedings. Reporting and billing procedures between the conflicts counsel and the Bar Association are also defined in the MOU.

The Judiciary, for its part, agrees to issue court appointments to designated conflicts counsel in accordance with court rules and whenever possible to schedule appointed matters to maximize efficiently and minimize court time for appointments. Additionally, it agrees to provide limited space in the courthouse for the conflicts counsel’s use when meeting with clients; to compensate the conflicts counsel in accordance with hourly rates established by the Judiciary for appointments requiring representation beyond the contract term, and to make monthly payments to the Bar Association in an aggregate amount equal to half of the total sum paid by the Bar Association to the conflicts counsel.

Acting chief justice Alexandro Castro said of the MOU: “This working agreement should result in a more efficient and cost effective means of providing quality and consistent defense to indigent individuals, and thus be a great benefit to all concerned.” (NMI Judiciary)