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Indigent Defense Resource Guide
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Indigent Defense
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What Is Happening at NCSC

NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

Digital Archive  Works on judicial administration accumulated since NCSC's inception in 1971 that have been digitized to preserve their historic value.

Access and Fairness InfoCenter  Additional CourTopics modules related to this topic.

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General

ABA Juvenile Justice Committee`s National Juvenile Defender Center. The ABA Juvenile Justice Committee’s National Juvenile Defender Center has assessed access to counsel and quality of representation in delinquency proceedings for the following states: Georgia, Kentucky, Louisiana, Maine, Maryland, Montana, North Carolina, Ohio, Pennsylvania, Texas, Virginia, and Washington. Each state page contains the report, FAQs, press releases, fact sheets, press coverage, updates, summaries, and other relevant information.

National Survey of Indigent Defense Systems. The Bureau of Justice Statistics (BJS) implemented a national-level data collection program to measure how states and localities provide legal services for indigent criminal defendants, their caseloads, and related costs and policies and practices.

Office of Justice Programs -- Indigent Defense. U.S. Department of Justice's web page provides information on fielding programs, funding, conferences, training, research, and statistics.

Strategic Plan as Approved by the State Public Defender Commission on April 21, 2006. Helena: Office of the State Public Defender (2006).  Effective July 2006, Montana moved to a statewide system of public defense. Their strategic plan includes their mission statement; goals; plans to coordinate with tribal governments; organization and administration; financial information; staffing; and pros/cons of various aspects of the new system. 

Wool, Jon, K. et al. Improving Public Defense Systems: Good Practices for Federal Panel Attorney Programs. New York, NY: Vera Institute of Justice (June 2003).  Requested by the U.S. Courts, the Vera Institute looked at how to improve upon panel attorneys.  The report addresses issues, such as selection, management, appointment, and compensation.

ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases.  (February 2003).  Approved by the House of Delegates, this rewrite includes requirements for appointment of mitigation specialists.

Ten Principles of a Public Defense Delivery System.  (February 2002).  This brief document describes the ten principles of an effective public defense delivery system.

DeFrances, Carol J. State-Funded Indigent Defense Services, 1999. Bureau of Justice Statistics Special Report (September 2001).  This ten-page report examines indigent programs in the United States.  This report includes statistical data and information on whether the programs are fully funded by the states. 

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Compensation for Attorneys

Colorado Compensation Rates.  (July 2006).  These are the rates compensation rates for court-appointed attorneys and other appointees that are paid by the state's Justice Department.

Rates of Compensation Paid to Court Appointed Counsel in Capital Felony Cases: A State by State Overview. American Bar Association, Bar Information Program (2003).  This web link sends users to the Spandenburg publications list.

Rates of Compensation Paid to Court Appointed Counsel in Non-Capital Felony Cases: A State by State Overview. American Bar Association, Bar Information Program (2002).  This web link sends users to the Spandenburg publications list.

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Determining Indigency

Affidavit: Eligiblity for Appointed or Public Defender Counsel. This affidavit serves as the sworn application for court appointed in a criminal cases.

Indigency Questionnaire. This form requests financial information from indigents.

Update on Criteria and Standards for Determining and Verifying Indigency.  (October 2007).  This report discusses the unified rules for determining indigency which were established in 2001 and the extent to which the are being effectively applied.

Hoffman, Morris. "Free-Market Justice." The New York Times (January 2007).  According to a study by this op-ed's author, Paul Rubin, and Joanna Shepherd, an econometric study of the effectiveness of public defenders showed that public defenders performed worse than privately-retained counsel. The full study, "An Empirical Study of Public Defender Effectiveness," can be found in the Ohio State Journal of Criminal Law.

Standards for Determining Indigence.  (February 2006).  In these standards, there is a definition for indigency, information on appealing, and how closed cases should be resolved.

McCormick, Terri. "Expanding Eligibility for Public Defender Representation." Wisconsin Lawyer: 33 (December 2003).  This article discusses how financial eligibility standards for public defenders' offices are often outdated.  The McCormick Plan for Justice would expand the financial eligibility standards.

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Indigent Defense Funding and Caseloads

Minor Crimes, Massive Waste: The Terrible Toll on America`s Misdemeanor Courts.  (April 2009).  This report takes the position that the significant rise in misdemeanor cases nationally has created inequities by overloading criminal defense systems in some jurisdictions.

McCauley, James M. "Excessive Workloads Create Ethical Issues for Court-Appointed Counsel and Public Defenders." Virginia Lawyer 53, n. 3: 27 (October 2004).  (Scroll to page 2.)  Over nine months, the Spandenberg Group studied Virginia's indigent defense system and found that the system did not adequately protect indigents.  Lack of oversight and necessary resources were the primary factors cited in the study.

Armstrong, Ken, and Justin Mayo. "Public Defense Alternatives." Seattle Times (April 2004).  This article includes a map of Washington state by county and type of indigent defense system used.  Caseloads are also discussed.

Wallace, Scott and David Carroll. The Implementation and Imapct of Indigent Defense Standards.  (December 2003).  This study evaluates the imapct that standards of indigent defense have on the overall quality of defense that is offered to low income criminal defendants.

Keeping Defender Workloads Manageable. Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (2001).  Provides information on strategies for making workloads manageable; withdrawal form cases; caseload standards; and caseload versus workloads.

Skove, Anne. Who Pays for Indigent Defense?. Knowledge and Information Services Office, National Center for State Courts, Williamsburg, VA (January 2000).  This chart lists the courts and what percentage of the indigent programs the states' pay.

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Public Defenders` Offices/Organizations

ABA`s Standing Committee on Legal Aid and Indigent Defense. SCLAID examines issues relating to the delivery of civil legal services to the poor, and criminal defense services to indigent persons accused of crimes.

Association of Federal Defense Attorneys. Formed in 1994, AFDA is the only association devoted exclusively to the interests of federal criminal defense attorneys. The organization has been formed with a commitment to provide attorneys with the educational resources and support that are essential to represent defendants in federal district and appellate courts effectively.

National Association of Criminal Defense Lawyers. NACDL advances the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, NACDL's more than 10,000 direct members—and 79 state and local affiliate organizations with another 28,000 members—include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors, and judges committed to preserving fairness within America's criminal justice system. The site is designed as both an open forum for the discussion of criminal justice policies and practice and a private online service for members of NACDL. 

National Legal Aid and Defender Association. NLADA is the oldest and largest national, nonprofit membership association devoting 100 percent of its resources to serving the broad equal justice community. NLADA represents legal aid and defender programs, as well as individual advocates serving the equal justice community, in two major ways: by providing first-rate products and services and serving as a leading national voice in public policy and legislative debates on the many issues affecting the equal justice community. They also serve as a resource for those seeking more information on equal justice in the United States.

Spangenberg Group. A nationally recognized research and consulting firm specializing in improving justice programs.

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Right to Counsel

History of Right to Counsel. Washington, DC: NLADA (2004).  Traces the right to counsel in criminal cases from the U.S. Constitution, caselaw throughout the past century, and future challenges.  Links to opinions of important cases.

Skove, Anne. Alabama v. Shelton: The Right to Counsel in Misdemeanor Cases Resulting in Suspended or Probated Sentence.  (August 2003).  This brief looks at the legal implications of Alabama v. Shelton on states, includes a list of relevant resources, and offers potential solutions to courts.

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Date Last Modified: 8/4/2009
Creation Date: 2003

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