Phelps v. State Public Defender

We must decide whether the district court erred in approving claims for payment of legal fees and expenses from the indigent defense fund.

J. Background Facts and Proceedings

The state appellate defender withdrew from its appellate representation of an indigent criminal defendant, based on a conflict of interest. The district court appointed attorney Richard E.H. Phelps II to represent the defendant on appeal. At the time of his appointment, Phelps had a “Renewal of Legal Services Contract — Indigent Defense Casework,” with the state public defender, the entity statutorily authorized to process…