Sec. 5. Governing body
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/bill/116/hr/3741/ih/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Center shall have a Board of Directors consisting of 9 voting members appointed by the President, by and with the advice and consent of the Senate. The President shall make such nominations not later than 60 days after the date of the enactment of this Act. The members shall be qualified as follows: A majority of the members shall be members of the bar of the highest court of any State. One member shall have been an indigent defendant who received public defense services from a public defense system.
The members, except for the member described in paragraph (2), shall have— significant experience in the legal defense of criminal cases; demonstrated a commitment to quality indigent defense representation; or demonstrated a commitment to working with and advocating for the population served by the Center. The term of a member shall be 5 years, except as provided in paragraphs
(2)and (4). As designated by the President at the time of appointment, of the members first appointed— three shall be appointed for terms of 2 years; three shall be appointed for terms of 3 years; and three shall be appointed for terms of 4 years. No member may be reappointed to more than two consecutive terms immediately following such member’s initial term. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Board shall be filled in the manner in which the original appointment was made. A member of the Board may be removed by the President for malfeasance in office, for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause. The members of the Board shall not, by reason of such membership, be deemed officers or employees of the Federal Government, a State government, local government, or any law enforcement agency. The President shall select a chairman from among the initial members to serve for a period of two years. Thereafter, the chairman shall be elected annually by the members. No member of the Board, member of a State advisory council, or employee of a regional backup service center may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or employee or pertains specifically to any firm or organization with which such member or employee is then associated or has been associated within a period of two years. In the event of a conflict of interest described in paragraph (1), the member of the Board, member of a State advisory council, or employee of a regional backup service center who has a conflict shall disclose the interest that the member or employee has in the matter, subject to applicable attorney-client privilege, to the Board, and— in the case of a member of a State advisory council, to that council; or in the case of an employee of a regional backup service center, to that center. The Center shall adopt a written policy to ensure that paragraphs
(1)and
(2)are carried out. Each State shall have a State advisory council composed of 9 members, appointed not later than 90 days after the first meeting of the Board as follows: Three members appointed by the Chief Justice of the highest court of the State. Three members appointed by the United States Senators for the State, or in the case of a State that does not have Senators, appointed by the Member of the United States House of Representatives for that State. Three members appointed by the chief executive of the State. If 90 days have elapsed without such an advisory council appointed pursuant to paragraph (1), the Board is authorized to appoint such a council, or such remaining unappointed members of the council, from among the individuals recommended by the State bar association. The members of the advisory council shall be subject to the qualifications under subsection (b), and shall be made from among recommendations made by the State bar association, in collaboration with the Access to Justice Initiative of the Department of Justice. The term of a member of a State advisory council shall be 4 years. A member may serve after the expiration of that member’s term until a successor member takes office. A vacancy on the council shall be filled in the manner described in paragraph (2). Each State advisory council shall— monitor, receive, and investigate complaints regarding the compliance of public defense systems in that State that receive funding under this Act with the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act; notify the Center of any apparent violation of the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act, and furnish a copy of the notification to any recipient affected thereby, and the Center shall allow such recipient a reasonable time (but in no case less than 30 days) to reply to any allegation contained in the notification; collect information and data on the delivery of public defense services in that State; and facilitate the sharing of information between public defense systems in that State. Each State advisory council may appoint additional personnel as it considers appropriate in order to carry out paragraph (5)(A). Beginning on the date that is one year after a State advisory council has its first meeting, and annually thereafter, a State advisory council shall submit to the Center a report that includes— an assessment on the provision of public defense services in that State; and recommendations on actions that the Center could take to— enhance compliance of public defense systems in that State that receive funding under this Act with the provisions of this Act and applicable rules, regulations, and guidelines promulgated pursuant to this Act; and improve the delivery of public defense services in that State. All meetings of the Board, of any executive committee of the Board, and of any advisory council established in connection with this Act shall be open and shall be subject to the requirements and provisions of section 552b of title 5, United States Code (relating to open meetings). The Board shall meet at least 4 times during each calendar year.