Supreme Court of Arkansas

Arkansas Public Defender Commission, Appellant/petitioner v. Pulaski County Circuit Court, Fourth Division Hon…

May 13, 20102010 Ark. LEXIS 265

Summary

The court dismissed the interlocutory appeal because the circuit court's order was not final and denied both requested extraordinary writs. It held that the circuit court had subject-matter jurisdiction and that the governing statute plainly authorized the Arkansas Public Defender Commission to pay reasonable and necessary defense expenses for an indigent defendant even when the defendant was represented by retained counsel. The court declined to decide whether requiring appointed counsel as a condition of receiving such funds would violate the Sixth Amendment because that question was not ripe.