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STATE OF MINNESOTA IN SUPREME COURT A10-1557 Rice County State of Minnesota, Plaintiff, vs. Walter Jamille Randolph, Defendant, vs. Filed: July 20, 2011 Office of Appellate Courts Gildea, C.J. Concurring in part, dissenting in part, Stras and Page, JJ.

County of Rice, intervenor, Respondent, vs. State Board of Public Defense, intervenor, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and G. Paul Beaumaster, Rice County Attorney, Terence Swihart, Assistant County Attorney, Faribault, Minnesota, for respondent. Bradford S. Delapena, Special Assistant Public Defender, St. Paul, Minnesota, for appellant. Donald F. Ryan, Crow Wing County Attorney, Brainerd, Minnesota, for amicus curiae Minnesota County Attorneys Association. 1

Lori Swanson, Attorney General, Alan I. Gilbert, Solicitor General, St. Paul, Minnesota, for amicus curiae Minnesota Attorney General. William L. Bernard, Grannis & Hauge, P.A., Eagan, Minnesota, John L. Fossum, Fossum Law Office, Northfield, Minnesota, Richard P. Ohlenberg, Ohlenberg Law Office, Richfield, Minnesota, for amicus curiae Criminal Law Section Minnesota State Bar Association. ________________________ SYLLABUS 1. The Legislature has not provided a statutory right to a public defender for

indigent misdemeanant appellants, but the district court has inherent authority to appoint private counsel to represent indigent misdemeanant appellants to effectuate the constitutional right to counsel set forth in Morris v. State, 765 N.W.2d 78 (Minn. 2009). 2. The plain language of Minnesota Statutes ch. 611 (2010), does not place

financial responsibility for the costs of private counsel appointed to represent indigent misdemeanant appellants on either the Board of Public Defense or the counties. 3. Given the circumstances presented here, where private counsel was

appointed and began working on the appeal with the expectation that his fees would be paid, and in the absence of an articulated legislative policy judgment as to how the right recognized in Morris is to be vindicated, the Minnesota Supreme Court has the inherent authority to order that the charges against an indigent misdemeanant appellant be dismissed in the event that the State of Minnesota does not agree to pay the reasonable attorney fees of appointed counsel.

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Because there is no statutory right to a public defender, the State Board of

Public Defense is not responsible for the costs of transcripts for indigent misdemeanant appellants, but the State of Minnesota is obligated to pay such costs. Reversed in part, affirmed in part; vacated order reinstated. OPINION GILDEA, Chief Justice. The questions presented in this case are: (1) whether the district court erred in ordering a public defender to represent an indigent misdemeanant on appeal; (2) whether the court erred in ordering the public defender system to pay for the representation costs of that appeal; and (3) whether the court erred in ordering the State Public Defender's office to pay for the transcripts required for that appeal. Because the Legislature has not authorized public defenders to represent indigent misdemeanants on appeal, we reverse the district court's order appointing the public defender and the district court's order that the State Public Defender's office pay for any required transcripts, and we reinstate an earlier order appointing private counsel. Following a March 31, 2009 incident, the State charged Walter Jamille Randolph with one count of misdemeanor domestic assault, in violation of Minn. Stat.

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