It’s The State’s Obligation to Pay For Representation of Indigent Misdemeanant’s Appeal

State v. Randolph, Minn.S.Ct., 7/20/2011.  A jury convicted Mr. Randolph of misdemeanor domestic assault.  Mr. Randolph wanted to appeal that conviction and he asked for a public defendant to represent him on that appeal.  Eventually, the trial court ordered that the state public defender either represent Mr. Randolph on appeal or pay a private attorney to do so; the trial court also ordered the state public defender to pay for the transcript.

In Morris v. State, 765 N.W.2d 78 (Minn. 2009) the supreme court held that indigent persons convicted of misdemeanors are entitled under the state constitution to appointed counsel on first review of their conviction. The Morris court also recognized that a misdemeanant has no statutory right to representation on first appeal by a public defender.  Since Morris, the legislature has not created such a right, so the trial court had no authority to appoint the public defender.

The remaining questions are who pays for the private attorney, and who pays for the transcript?  It’s not the public defender.  It’s not the county. 

So who gets the bill?  The supreme court pontificates that “it is the obligation of the State of Minnesota to satisfy the constitutional right to appellate counsel…”  having forget, apparently, that it is grabbing $75.00 from each licensed attorney to satisfy that same obligation. 

Anyway, if the state won’t pony up – including for the transcript - Mr. Randolph walks.