State v. Randolph, 2011 Minn. LEXIS 395

Randolph, indigent, was charged with misdemeanor domestic assault, driving after suspension, criminal damage to property, and disorderly conduct in Minnesota.
Trial court found Randolph eligible for a public defender and appointed the Third District Public Defender for trial.
After conviction on the misdemeanor, Randolph applied for public defender representation on appeal; a different judge later appointed private counsel for the appeal.
The district court ordered either substitution of public defender or payment of private counsel fees and ordered the SDP to pay transcript costs.
The Board and the County disputed financial responsibility for appellate counsel costs; this Court addresses statutory eligibility, funding, and remedy for Randolph’s appeal rights.
The Court ultimately held no statutory public defender entitlement on misdemeanor appeal, reversed the appointment of public defenders, and ordered private counsel with State funding for fees and transcripts as a remedial measure.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court erred in appointing a public defender on appeal	Randolph is indigent and Morris requires appellate counsel for misdemeanors.	611.14 excludes misdemeanor appellate counsel; 611.18 does not authorize it to extend to misdemeanors on appeal.	Yes; reversed; no statutory entitlement for misdemeanant appellate counsel.
Who pays for appointed private counsel on appeal	State funding via SDP should cover appellate counsel costs when no statutory right exists for public defenders.	Board pays only where statute expressly provides; counties bear remaining costs.	Board not responsible; County not responsible; remedy lies with State funding to fulfill right to counsel.
Whether the State must pay for Randolph's transcripts on appeal	Rule 28.02 requires SDP to order and pay transcripts for indigent appellants relying on Pederson	Appellate transcripts are not part of a package for those not eligible for public defender representation.	State must arrange for payment of transcripts within 90 days, subject to conditions on attorney fees.
Remedy when legislature has not provided funding for misdemeanor appellate counsel	Judiciary must safeguard constitutional rights and may order funding to vindicate Morris.	Remedy should be legislative; inherent authority is limited and not clearly authorize funding.	Court may order state funds to satisfy the right to counsel; if not provided, conviction may be vacated.

Morris v. State, 765 N.W.2d 78 (Minn. 2009) (indigent misdemeanant appellate counsel required; statutory right limited)
In re Welfare of J.B., 782 N.W.2d 535 (Minn. 2010) (distinguishes statutory entitlement vs. constitutional obligation)
State v. Jones, 772 N.W.2d 496 (Minn. 2009) (counsel rights versus statutory public defender rights)
State v. Dahlgren, 259 Minn. 307 (Minn. 1961) (courts may appoint counsel but not necessarily fund it)
Lyon County, 308 Minn. 172 (Minn. 1957) (inherent authority to expend funds for judicial function)
Pederson, 600 N.W.2d 451 (Minn. 1999) (transcript right separate from public defender representation; SDP pays)
Lavallee v. Justices in Hampden Superior Court, 442 Mass. 228 (Mass. 2004) (state bears duty to provide counsel; remedy if funds inadequate)