Habeas Corpus Limits

Air Date:01/19/2012

By Travis Berg

Convicted felons might have less time to decide if their lawyers were incompetent. Currently, convicts have five years to make the claim and receive another trial. They can also make that claim multiple times. Attorney General Marty Jackley says the process is repetitive, and appointing new attorneys costs taxpayers more. A proposed bill narrows the time frame to two years. It also allows only one claim unless new evidence is presented, or if there is a change in the constitution. Opponents say it's unfair because appointed attorneys are not qualified in most cases. However, Republican Senator Jean Hunhoff says court screenings help appoint competent attorneys.

"But if you keep going back to say- which history has shown us people keep going back to say people are not[competent]-and dragging out the process and the conclusion that was supposed to be there originally, to me that's the fairness. We've given that opportunity. I'm thinking as you appoint the next public defender that's all going to be looked at, and this gives closure to those victims or their families, that there is a period of time, and the only way that there was some evidence there that just wasn't brought forth or something has come to light," Senator Hunhoff says.

Senate Bill 42 passed the senate judiciary committee five to one. It goes next to the Senate floor.     

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