Sec. 109. Special assistant public defender liaisons
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The Indian Law Enforcement Reform Act is amended by inserting after section 13 ( 25 U.S.C. 2810 ) the following: The Federal Public Defender for each district that includes Indian country shall appoint not less than 1 assistant Federal Public Defender to serve as a tribal liaison for the district. It is the sense of Congress that in appointing assistant Federal Public Defenders under paragraph (1), the Federal Public Defender should consult with tribal justice officials from each Indian tribe that would be affected by the appointment.
The duties of a tribal liaison shall include the following: Coordinating the defense of Federal crimes that occur in Indian country. Consulting and coordinating with tribal public defenders to address any backlog in providing criminal defense of major crimes in Indian country in the relevant district. Developing working relationships and maintaining communication with tribal leaders and tribal community, including the interchange and understanding of cultural issues that may impact the effective assistance of counsel.
Coordinating with tribal public defenders in cases in which a tribal government has concurrent jurisdiction over an alleged defendant in advance of the expiration of any applicable statute of limitation. Providing technical assistance and training regarding criminal defense techniques and strategies, forensics, and reentry programs and strategies for responding to crimes occurring in Indian country. Coordinating with the Administrative Office of the United States Courts. It is the sense of Congress that— in evaluating the performance of tribal liaisons, and as part of the work performance study of the Federal public defenders, the Administrative Office of the United States Courts should take into consideration the multiple duties of tribal liaisons described in paragraph (1); and the Federal Public Defender Service and the Attorney General should work together to ensure that each district that includes Indian country has sufficient resources to provide adequate representation.
Each Federal Public Defender serving a district pursuant to section 3006A of title 18, United States Code, that includes Indian country is authorized and encouraged— to appoint Special Assistant Public Defenders to defend Indian defendants charged with a Federal crime occurring in Indian country as necessary to improve the administration of justice if— the crime rate in the district exceeds the national average crime rate; or the rate at which Indian criminal defendants are being prosecuted in the district exceeds the national average of prosecution rates; to coordinate with applicable United States district courts and United States Attorneys’ Offices regarding— scheduling of Indian country matters; and holding trials or other proceedings in Indian country, as appropriate; to provide to appointed Special Assistant Federal Public Defenders appropriate training, supervision, and staff support; and to provide technical and other assistance to tribal governments and tribal court systems to ensure that the goals of this subsection are achieved.
Nothing in this section limits the authority of any Federal Public Defender to determine the duties of a tribal liaison officer to meet the needs of the Indian tribes located within the relevant Federal district. .
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Sec. 109
Special assistant public defender liaisons
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