GB 110, Public Defender Creation Act

Public Defender Creation Act

GB 110, 86th Session

Version Info:

3-20-2007, as initially introduced: HTML

3-27-2007, committee version: HTML

Version Downloads (Senators only).

Basic Information:

Primary Sponsor(s):

Doucette (Corresponding)

Secondary Sponsor(s):

Boaz

Current Status:

Enrolled

Report(s):

GO-68

Long Title:

AN ACT TO ESTABLISH AN EXECUTIVE DEPARTMENT OF THE PUBLIC DEFENDER UPON THE ADJOURNMENT OF THE 86TH SESSION

Summary of Purpose:

Creates a new Executive Department of the Public Defender to assist students in their defense when accused of violations of the Code of Student Conduct

Consideration History:

3-13-2007:

Filed for introduction

3-14-2007 Senate:

First Reading

3-18-2007 Committee:

Government Operations Committee Consideration
The Government Operations Committee reported the bill to Senate by consent, GO-68

3-28-2007 Senate:

Second Reading
Adopted by consent

4-4-2007 Senate:

Veto Message
Veto Overridden by roll call vote (Adopted: 26-13-1; 11 absent (two-thirds present and voting required))

Roll Calls:

Senate, 4-4-2007:

GB 110 Veto Override (Doucette), Adopted: 26-13-1; 11 absent (two-thirds present and voting required)

Online Text

(as of 3-27-2007, committee version)

GOVERNMENT BILL 110

A BILL TO BE ENTITLED

An act TO establish an executive department of the public defender upon the adJOURNMENT OF THE 86th SESSION

Short Title: Public Defender Creation Act (Public)

Sponsored by: Senator DOUCETTE (corresponding), BOAZ

Signatories: HUTCHERSON, SAWREY, WHITESIDE

First Reading: March 14, 2007 Version Date: March 11, 2007

Referred to: __________________________________________________________.

WHEREAS, students charged with violation of the Code of Student Conduct ("the Code") can face a wide range of potential consequences, including expulsion from the University; and,

WHEREAS, many students are unaware of the Code's contents or the ramifications of violating it, and are currently dependent on Judicial Assistants to explain the judicial process to them after they have been charged with a Code violation; and,

WHEREAS, this process of relying exclusively on Judicial Assistants creates a glaring conflict-of-interest, and does not properly protect the rights of the accused student

WHEREAS, a modification to this process that establishes resources outside of the Judicial Branch for accused students is therefore warranted; now, therefore be it

ENACTED, by the North Carolina State University Student Senate that:

Section 1. Statutory Authority. This bill is adopted pursuant to the provisions of Article II, Sections 5(d) and 5(e) of the Student Body Constitution, and Chapter 2, Rule 17(b)(3) of the Student Body Statutes.

Section 2. A new Student Body Statutes Chapter 1, Article 8 ("Department of the Public Defender") shall be inserted as follows, and all subsequent sections renumbered accordingly:

Article 8. Department of the Public Defender.

[article table of contents to be entered by administrative staff]

§3-8.1. Definitions and Conventions

Within this article, the following definitions and conventions shall apply:

(a) The “Department” refers to the Department of the Public Defender.

(b) “Public Defender” refers to the Student Body Public Defender.

§3-8.2. Name.

The name of this organization shall be the North Carolina State University Student Government Department of the Public Defender and may be simply referred to as the Department of the Public Defender.

Part I. Powers and Duties.

§3-8.3. Purpose.

The Department of the Public Defender shall ensure that all students receive fair treatment in all judicial hearings, and are fully knowledgeable of all rights, consequences, and courses of action in regard to alleged violations of the Code of Student Conduct.

§3-8.4. Duties.

The Department shall, when requested by an accused student:

(a) provide independent and unbiased advice to students charged with a violation of the Code of Student Conduct;

(b) participate in judicial hearings to the extent allowed by the Student Discipline Procedures Section 4.3;

(d) observe proceedings concerning the student's case in the Office of Student Conduct.

In addition, the Department shall:

(e) maintain a professional relationship with the Director of the Office of Student Conduct and the Student Body Chief Justice; and,

(f) monitor the Code of Student Conduct and other documents pertinent to students to ensure all procedures, statutes and punishments are fair, modern and just.

Part II. Public Defender and Officials.

§3-8.5. General Organization.

The personnel in the Department shall have the general organization and attributes as specified under SBS §3-1.12 ("Departments and Divisions").

§3-8.6. Student Body Public Defender.

The executive authority of the Department of the Public Defender shall rest with the Student Body Public Defender, as duly elected by the Student Body. The duties of the Student Body Public Defender shall include:

(a) ensuring that the day-to-day operations of the Department are organized and properly scheduled;

(b) appointing Assistant Public Defenders as permitted by statute;

(d) serving as the Department representative to the Student Senate and Judicial Branch;

(e) preparing a report for each Student Senate meeting concerning actions taken by the Department; and,

(f) serving as an impartial consultant to the Student Senate on any legislation seeking to improve the judicial process.

Part III. General Provisions.

§3-8.7. Oversight.

Oversight of the Department may be exercised by the Senate Committee on Government Operations, which shall have the power to review the records of the Department, compel report of its members, and to make recommendations to the Public Defender, President, or Senate regarding its improvement.

Section 3. This act shall be effective upon the adjournment sine die of the 86th Session of the Student Senate.

Section 4. Enabling Legislation. Upon the implementation of this act, the Student Body President shall be empowered to appoint the initial Student Body Public Defender to serve until an elected successor assumes the office. The position for the Student Body Public Defender shall be placed on the Fall 2007 general election ballot.

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