Draft bill 191.

Summary.

The draft bill proposes placing the Public Defense Institute (Instituto de Defensa Pública) under the Office of the Ombudsperson (Defensoría del Pueblo) to organize the public defense service and preserve public defenders’ independence and autonomy in relation to judges and magistrates. It would govern the service through the principles of independence, impartiality, autonomy, equity, efficiency, effectiveness, transparency and respect for human rights. The Office of the Ombudsperson would direct, administer and coordinate public defense activities throughout the territory.

The National Directorate of Public Defense (Dirección Nacional de Defensa Pública) would be headed by a National Director appointed by the Ombudsperson (Defensor del Pueblo) for a five (5)-year term, renewable once. Candidates would have to be Panamanian by birth, fully enjoy their civil and political rights, be licensed lawyers with no fewer than ten (10) years of professional practice, and hold a postgraduate degree in law or a field related to the administration of justice, human rights or public management. They would also need recognized moral standing and professional qualifications. A person could not be appointed if convicted of an intentional offense carrying a prison sentence of five (5) years or more by a final judgment, disciplined for serious misconduct in legal practice, or subject to a disqualification or incompatibility established by the Constitution or the law for public office.

The National Directorate of Public Defense would coordinate and supervise services across the territory, assign and distribute cases, and oversee public defenders’ continuing education and training. It would also secure the resources needed for their work, establish mechanisms to evaluate and monitor their performance, and promote the defense of human rights within the public defense service.

Public defenders would provide legal defense to people with limited financial resources and other vulnerable groups. The National Director of Public Defense would appoint them through a public merit-based competition, subject to the training and experience requirements established by law. They would act independently and autonomously in performing their duties, without taking orders or instructions from judges, magistrates or other judicial officials that could compromise their impartiality.

The State would guarantee the financial resources needed to operate the Public Defense Institute through allocations in the Nation’s general budget. The Office of the Ombudsperson would administer those resources efficiently and transparently. The National Government (Gobierno Nacional) would issue regulations for the Institute’s placement under the Office of the Ombudsperson within no more than six (6) months after promulgation; the proposed law would take effect upon promulgation. The text concerns the Office of the Ombudsperson, the National Directorate of Public Defense, the Ombudsperson and the National Government, as well as public defenders, users of public defense services and the legal services sector.