Furthermore, some assert that more resources are also potentially necessary for the indigent defense system to fully investigate and effectively represent their clients. Kelsey has been a staff attorney for over ten years. Workload metrics capture specific tasks (such as the number of active and closed cases), actions that indigent defense providers should engage in (such as the number of cases investigated), or a sense of the quality of representation provided (such as the number of motions filed to dismiss a case). Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. For example, a public defender office can only represent one defendant in a multidefendant case.) Differences in Staffing Ratios. Defense counsels workload is controlled to permit the rendering of quality representation. [ 15 0 R]
(As we note later in this report, various potential justifications have been offered by stakeholders for differences in resource levels between district attorney offices and indigent defense.) OSPD reports through a contract, inter/intra-agency agreement, or cooperative agreement. Finally, state law authorizes the court to determine reasonable compensation for private attorneys providing indigent defense representation that must be paid by the county. endobj
State statutes contain provisions to ensure that both federal and state constitutional standards are met. The mission of the agency was expanded in 2020 to include representation in trial court indigent defense caseswhich is in addition to the representation provided by counties discussed previously. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. In combination, these constitutional rights have been interpreted to mean that defendants in criminal cases are entitled to receive effective assistance from an attorney when their life or liberty is at stake, unless this right is knowingly and intelligently waived. ACTIVITIES AND EXPENDITURES REPORT July 1, 2018 - June 30, 2019 The Office of State Public Defender (OSPD) was created by the Legislature in 2011 through the consolidation of the Office of Capital Defense Counsel and the Office of Indigent Appeals. Counties Primarily Responsible for Indigent Defense. On the other hand, some assert that the indigent defense system needs similar or more resources than district attorney offices because the system does not have the benefit of significant support from other governmental entitiessuch as law enforcement agencies that investigate and present cases to district attorney offices or forensic laboratories that test potential evidence. Such data could also help the state better understand some of the underlying reasons for the differences, where improvements can be made, and where policy changes or additional resources should be targeted. GovernmentFunded Representation of Defendants Unable to Afford Private Attorneys. However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. There is parity between defense counsel and the prosecution with respect to resources and defense counsel is included as an equal partner in the justice system. One common way used to compare differences in indigent defense and district attorney office spending is to calculate how much is spent on indigent defense as a percentage of how much is spent on district attorney offices. Mississippi Public Defender Task Force Final Report
States have developed systems for providing attorneys to defendants who are unable to pay for representation in criminal cases. Beginning in Telephone: 1-800-323-6234. Failure to monitor and supervise Fresno Countys Public Defense System to ensure compliance with minimal constitutional and statutory requirements. This assumes local counsel will be appointed. The state lacks comprehensive and consistent data that directly measures the effectiveness or quality of indigent defense representation provided across the state. First, these metrics can be highly contextual as they can be impacted by prosecutors and other governmental parties involved in cases, as well as the priorities, decisions, and available resources within a given jurisdiction. We note that Fresno County also settled by agreeing to various requirements that it must comply with for four years. Get the Counsel requesting accomplished. As shown in Figure2, the lawsuit listed nine wayssuch as excessive caseloads and a lack of support staffin which these requirements were allegedly violated. 2018. It also prohibits individuals from being denied equal protection under law. Lack of parity with prosecutorial counterparts. 6 0 obj
Additionally, the state also expanded OSPDs mission to include providing assistance and training to indigent defense attorneys as well as other efforts to improve the quality of indigent defense representation. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. Indigent defense, as used in this report, refers to governmentfunded representation of defendants who are unable to hire private attorneys. Turn off unnecessary lights and appliances. Individuals charged with a crime have the constitutional right to effective assistance of legal counsel to ensure that they receive equal protection and due process before being deprived of their liberty. Accordingly, we recommend the Legislature statutorily define those metrics it believes are necessary to more directly evaluate the quality of indigent defense statewide. Moreover, providing resources specifically for obtaining such data increases the likelihood that it is collected accurately and consistently. Figure12 shows the distribution of the ratio of attorneys to investigators for the 32 counties that reported data for both public defender and district attorney offices. The office was formed in response to the need for consistent, high-quality representation of defendants in the state appellate courts. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. For example, in 201819, spending on district attorney offices was 82percent higher than on indigent defense. For example, the average percent of sentences avoided could be higher in jurisdictions where there is more aggressive prosecutorial charging. v Approved, SCAO STATE OF MICHIGAN CASE NO. Additionally, we exclude Shasta County since it does not appear any data was reported during this time period.) Efficiency metrics are intended to measure the extent to which resources are used in a manner that minimizes costs and maximizes benefit. In 201819, nearly $3billion was spent statewide to support district attorney offices ($2billion) and indigent defense ($1.1billion). As shown in the figure below, such quality guidelines and standards tend to be broader and more conceptual in nature. Edit Counsel requesting. The actual provision of indigent defense services, however, varies by county. The metrics listed above can be used to ensure these guidelines or standards or met, or used to inform the setting of the standard. %PDF-1.7
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However, recent litigation suggests that the state could be held responsible for ensuring that effective indigent defense is being provided. Forexample, some public defender offices that employ social workers use them to connect clients with services while others use them to identify mitigating factors to assist with clients legal defense (such as a defendants history of having been abused). Additionally, some assert that indigent defense attorneys are responsible for certain workloadsuch as resentencing filings, expungements, or mental health civil commitmentsthat requires significantly less or no workload from the district attorney office. Staffing Data Limitations. 2008) under one umbrella and to develop proposals for a statewide public defense system. There are 26 states and two U.S. territories that are State Plans. These comparisons also show that there is greater variation in resource levels for district attorney offices than indigent defense across counties. In April 2001, the ABA Standing Committee on Legal Aid and Indigent . This is because arrests can be a strong indicator of potential workload given that prosecutors determine whether charges will be filed following arrest and indigent defense counsel is typically appointed within 48 hours of arrest. endobj
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Hours. Effective indigent defense can also help ensure that all individuals are treated equitably in criminal proceedings, particularly lowerincome individuals and certain racial groups who are at greater risk of experiencing serious consequences from being involved in the criminal justice system. As we start our second decade, we have made adjustments to our leadership team. The U.S. Constitution prohibits individuals from being deprived of life, liberty, or property without due process of law. Minimum Quality Guidelines or Standards. Define Appropriate Metrics to More Directly Measure the Quality of Indigent Defense. Potential Justifications for Spending, Caseload, and Staffing Differences. The Legislature could also provide guidance to the working group to shape the scope of its work, such as defining the outcomes it desires from an effective indigent defense system or specifying the types of metrics it would like the group to evaluate and consider. In counties with populations of more than 1.3million people, state law requires courts appoint attorneys to defendants in a particular priority order. As discussed previously, the state expanded OSPDs mission to provide training and other assistance to trial court indigent defense counsel. This, in turn, could help identify areas where additional legislative action is warranted. In the absence of consistent statewide data and metrics more directly measuring the effectiveness or quality of indigent defense, we analyzed limited available data comparing funding, caseloads, and staffing of indigent defense providers with district attorneys who prosecute cases, allowing for a rough, indirect assessment of existing indigent defense service. Additionally, Figure13 shows the distribution of the ratio of attorneys to clerical staff. 372 US 335 (1963) Glasser v. United States. Staffinglevels in the remaining counties were between 60.1percent to 80percent of those of theircounterparts. endobj
The ACLU filed a case against Fresno County and the State of California in 2015 alleging that Fresno Countys indigent defense system failed to comply with minimal constitutional and statutory requirements to provide effective assistance of counsel to indigent defendants. In 1976, the National Study Commission of Defense Services established maximum attorney standardssuch as annual caseload not exceeding 150 felony cases or 400 misdemeanor cases (excluding traffic cases)that have been used as a comparison for decades. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. A State Plan is an OSHA-approved safety and health program that enforces its own occupational safety and health standards which are required to be at least as effective as federal OSHA's, but may have different or additional requirements. AsshowninFigure7, nearly $1,900 was spent on district attorney offices per arrest in 201819, an increase of nearly $842 per arrest (or 82percent) from 200910. 10 0 obj
In other words, spending on district attorney offices was 82percent higher than on indigent defense. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. Indigent criminal defendants have the constitutional right to effective assistance of counsel provided by the government. endobj
This makes it difficult for the Legislature to ensure effective indigent defense is being provided. For example, some counties provide indigent defense representation through criminal defense attorneys primarily focusing on addressing the immediate legal charge(s) facing the defendant. 2007) and Training (est. 3.01. JFIF ` ` C Wainwright, 372 U.S. 335 (1963) The mission of the Office of the State Public Defender is to defend and protect the rights, liberties, and dignity of those accused of crimes who cannot afford to retain counsel. We recommend three key steps that the Legislature could take to ensure it has the necessary information to determine whether a problem exists with indigent defense service levels, what type of problem exists, and how to effectively address such a problem. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
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