The amount spent on district attorney offices per arrest is nearly double theamountspentonindigentdefense. If the state is interested in acting in this area, it has various options depending on its goals. On May 13, 2019, I directed United States Attorney John Durham to conduct a . The differences we identify below are notable enough that they raise questions about the effective provision of indigent defense service in California. As this case was settled, it is unclear whether other California counties are similarly situatedresulting in potential state liability in those cases as well. These studies are based on (1)the amount of time practitioners believe should be spent on specific tasks in cases, (2)the number of work hours available, and (3)assumptions about appropriate attorneytostaff ratios. Furthermore, some assert that more resources are also potentially necessary for the indigent defense system to fully investigate and effectively represent their clients. As shown in Figure9, in 201819, staffing levels in 28 of 32 counties with public defender officers were between 20.1percent to 60percent of those of their counterpart district attorney offices. As shown in Figure8, spending per arrest in 201819 varies across counties, with greater variance in per arrest spending on district attorney offices as compared to indigent defense. Beginning in <> In other words, spending on district attorney offices was 82percent higher than on indigent defense. The provision of indigent defense service varies by county. A recent challenge by the American Civil Liberties Union (ACLU) in California, in which Fresno County and the state were sued, suggests that the state could be held responsible for ensuring that effective indigent defense is being provided. Efficiency Metrics. As shown in Figure11, in201819, arrests per attorney in 25 of 32 district attorney offices clustered between 201 to 400. endstream This limits our staffing comparisons to the 32 out of the 33 counties that chose to operate public defender offices and reported data to DOJ between 200910 and 201819. For example, some counties provide indigent defense representation through criminal defense attorneys primarily focusing on addressing the immediate legal charge(s) facing the defendant. However, the number of arrests per attorney in public defender offices were consistently higher across this period. Specifically, in a 2016 report examining the Los Angeles area, the Federal Reserve Bank of San Franciscoin partnership with several universities and research organizationsfound that the median net worth of U.S. African American households ($4,000), Mexican households ($3,500), and other Latino households ($42,500) were substantially lower than white households ($355,000). This means that the magnitude of the difference in spending on district attorney offices and indigent defense can be much greater in certain counties. Challenges Collecting Data. Indigent defense is generally provided in a combination of three ways: (1)public defender offices operated by the government, (2)private law firms or attorneys that contract with the government to provide representation in a certain number of cases and/or over a certain amount of time, or (3)individual private attorneys who are appointed by the court to specific cases. There have also been efforts to more rigorously enforce such standardssuch as indigent defense providers limiting their availability by not taking new cases when maximum caseload standards are exceeded regularly. We note that Fresno County also settled by agreeing to various requirements that it must comply with for four years. Representation Provided in Three Major Ways. Counties operate independently from one another and can make very different choices in the priorities and operations of various county programsincluding their indigent defense systems. Section 2A: Verification of claim of indigency; waiver by claimant allowing access to information; reassessments following appointment of counsel; reporting Section 2A. However, analysis of limited data raises questions about existing indigent defense service levels. These trends raise questions regarding whether defendants across the state are receiving similar levels of service and are likely to face similar outcomes (such as convictions or the amount of times spent in jail or prison). In order to obtain court-appointed counsel, whether through the Office of the State Public Defender (OSPD) or through the Office of the Alternate Defense Counsel (OADC), you must either request court appointed counsel (if you are In-custody) or apply at any OSPD office (if you are out-of-custody). In 201819, nearly $3billion was spent statewide to support district attorney offices ($2billion) and indigent defense ($1.1billion). Constitutionally Guaranteed Equal Protection and Due Process Right. Use Data to Determine Future Legislative Action. These metrics are frequently the most difficult to measure and collect data for, as well as to analyze and draw conclusions from, for various reasons. <> In talking to stakeholders and reviewing papers on this topic, various opinions were offered to justify the differences in resources between district attorney offices and the indigent defense system, as well as the differences between counties in the level of resources provided to indigent defense. 2 0 obj Public defender offices, if established by the county, have first priority. Finally, there are also challenges with collecting consistent data. Different jurisdictions ensure compliance with such guidelines and standards in various ways. 3599 (b), at least one of the attorneys appointed must have been admitted to practice in the court in which the case will be prosecuted for not less than five years, and must have had not less than three years' experience in the actual trial of felony prosecutions in that court. Every individual receiving indigent defense services is represented by an attorney. The court refused to do so and specifically found that the state could not say it was not responsible for meeting its constitutional responsibilities just because the responsibilities had been delegated to the counties. Such racial disparities are particularly notable for African Americans and Hispanics. Such metrics can be used to ensure that desired service levels are achieved by attempting to assess the effort of indigent defense attorneys (such as the number of days between arrest and first meaningful attorney and client interview), the benefit of outcomes achieved (such as the average percent of sentences avoided), or the avoidance of outcomes not directly related to sentencing (such as job loss or immigration consequences). 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. State law requires that public defenders defend individuals who are (1)charged with a criminal offense that can be tried in the trial courts and (2)financially unable to pay for attorney representation. Stakeholders further argue that effective assistance of counsel is even more important as the majority of criminal cases are resolved prior to trialsuch as through plea bargains. <> OSPD Recently Authorized to Assist Trial Court Indigent Defense Providers. In some cases, counties may not be collecting data in a robust and usable manner. The same attorney continuously represents the client until completion of the case. Staffing Data Limitations. 2. depclerk@OscodaTownshipMI.gov. Twenty-two State Plans (21 states and one U.S. territory) cover both private and state and . In this section, we use the term indigent defense to refer collectively to (1)countyfunded public defender offices, (2)contracts with attorneys, and (3)courtappointed private attorneys. Research demonstrates that involvement with the criminal justice system can have major consequences for defendants, regardless of whether they are ultimately convicted of a crime. California currently lacks comprehensive and accurate data directly measuring the effectiveness of the states indigent defense system. 2001), Appeals (est. Importance of Effective Indigent Defense. Urgent Energy Conservation Needed: Raise your AC to 78 at 4 p.m. This, in turn, could help identify areas where additional legislative action is warranted. The data collected above would help the Legislature refine its specific definitions and goals for effective indigent defense levels as well as what actions are needed to take to achieve those goals. <> For example, indigent defense investigators and social workers may need to identify mitigating circumstances to help with obtaining less severe consequences for a defendant. Additionally, we exclude Shasta County since it does not appear any data was reported during this time period.) timestudy methodologies to establish maximum caseload standards tailored to the specific jurisdiction, their court processes, and specific case types. Examining differences in funding, caseloads, and staffing allows for a rough, indirect assessment of existing indigent defense service levels by considering the amount of time and resources available for each client. Application For Appointment Of Counsel. <> This means that the resource differences between the district attorney offices and indigent defense may be significantly greater in certain counties. These are not mutually exclusive, which means that multiple actions could be taken. In a slightly different approach, one California indigent defense provider has chosen to evaluate the quality of their services by surveying criminal justice stakeholderssuch as judges and other criminal defense attorneysto obtain their perspectives on how effectively their attorneys are representing their clients. Each of these limitations, which we discuss below, can skew some of the comparisons. Additionally, effective assistance can result in the identification of mitigating circumstances or relevant defenses that can lead to better plea deals, lesser charges, or dismissal of casesall of which can help mitigate the major life consequences that could be experienced by individuals. The specific approach selected generally reflects how counties plan on using the information. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. Mar 18, 1963. States have developed systems for providing attorneys to defendants who are unable to pay for representation in criminal cases. 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. This assumes local counsel will be appointed. As such, a common measurement of effective assistance of counsel often cited by stakeholders is the number of attorneys supported by each of the various classifications of support staff. Quality (or effectiveness) metrics generally measure the value or impact of indigent defense services. In California, indigent defense systems provide representation in one, or a combination, of three ways: (1)public defender offices operated by the government, (2)private law firms or attorneys that contract with the government to provide representation in a certain number of cases and/or over a certain amount of time, or (3)individual private attorneys who are willing to take on indigent criminal cases and are appointed by the court to specific cases with compensation ordered by the court. This means that the type of indigent defense data collected, how it is collected, and how it is used varies by county. 2001), Appeals (est. Most counties use at least two of the three ways described above to provide representation. Caseload Standards. v Approved, SCAO STATE OF MICHIGAN CASE NO. Currently, only the Chief Public Defender of San Francisco County is elected. Minimum Quality Guidelines or Standards. endobj 14 0 obj endobj For example, such individuals may not have jobs willing to provide sufficient time off to come to court. Jurisdictions have used such caseload standards in different ways to help ensure that minimum levels of effective indigent defense service are being provided. (Aswediscuss below, the state recently authorized the Office of the State Public Defender [OSPD] to assist trial court indigent defense providers.). In addition to being a constitutional right, effective indigent defense in criminal proceedings can help mitigate or eliminate major consequences that defendants face regardless of whether they are convicted, such as losing a job due to being held in jail until their case is resolved. Examples of such research are provided below. Dissolve Assets. OSPD Annual Report FY 2022. We acknowledge that state funding could be needed to collect and report such data, which we estimate could reach into the low tens of millions of dollars annually. <> 17 0 obj Mr/Ms Melvin J Clemons Ixl is eligible for SPD services] verification is needed to determine if applicant is eligible for services I I applicant is not eligible Despite our best efforts, the SPD has not secured representation. <> Analysis of Limited Data Raises Questions About Effective Provision of Indigent Defense. Another way to compare spending is on a per person basis (total county spending compared to total county population) to account for differences in population. The state lacks comprehensive and consistent data that directly measures the effectiveness or quality of indigent defense representation provided across the state. This means that the magnitude of the difference in staffing levels between public defender and district attorney offices can be much greater in certain counties. <> Jurisdictions may differ in how they interpret, implement, and determine whether the standards have been met. 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. The metrics listed above can be used to ensure these guidelines or standards or met, or used to inform the setting of the standard. As we start our second decade, we have made adjustments to our leadership team. However, the state and others (such as federal grants) provide some supportwhich can differ by county and between district attorney offices and indigent defensecreating differences that are not solely based on county choices. As such, this data reflects a trend to inform theLegislature. Inaddition, the ability of indigent defense providers to effectively represent their clients can be undermined if they have significantly less resources than the prosecutors seeking to convict their clients. Mississippi OSPD Require Counties Collect and Report Data. In June 2021, the Maine Legislature increased the MCILS budget by more than 50%, from $18 million to $27.5 million. The state also agreed to seek funding through the annual budget process for such purposes. ANNUAL REPORT July 1, 2021 - June 30, 2022 The Office of State Public Defender (OSPD) was created by the Legislature in 2011 through the consolidation of the Office of Capital Defense Counsel (OCDC) and the Office of Indigent Appeals (OIA). 15 0 obj Additionally, certain efficiency metrics can be impacted by factors outside of the control of indigent defense providers. Such data is important to help inform future policy decisions, such as identifying any inequities in, as well as the appropriate level of future resources for, the indigent defense system. In the absence of consistent statewide data and metrics more directly measuring the effectiveness or quality of indigent defense, we compare limited available data related to the resources available to indigent defense providers as well as the district attorneys who prosecute cases. 8 0 obj One method of comparing caseload is to examine the number of arrests to the number of attorneys for both district attorney offices and indigent defense. Stakeholders argue that the right of due process is important in criminal proceedings because prosecutors have significant flexibility to determine whether and how to charge individuals (such as for a misdemeanor versus a felony), how a defendants case will proceed through the courts, and how cases will be resolved. Download your adjusted document, export it to the cloud, print it from the editor, or share it with others using a Shareable link or as . See 636(b)(1); McCarthy v. Bronson, 500 U.S. 136 (1991). stream The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. endobj Get the Counsel requesting accomplished. Hours. Finally, we reviewed various papers and studies examining indigent defense in California as well as other jurisdictions. However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 2018. Theremaining counties do not have public defender offices. In counties with populations of more than 1.3million people, state law requires courts appoint attorneys to defendants in a particular priority order. Decided. Having clearly defined metrics would dictate the specific data that needs to be collected in order to evaluate existing indigent defense service levels. Despite primarily being a county responsibility, the state has increased its involvement with the indigent defense system in recent years by providing funding and requiring certain assessments. In 201819, counties reported significantly more employees in district attorney offices than in public defender offices across the state10,500 employees compared to 4,305 employees. Similarly, county priorities and funding decisions in other local agencies can impact the level of resources that are available. Lack of Consensus on Appropriate Metrics. Collectively, this means that lowerincome individuals and certain racial groups are at greater risk of experiencing these serious consequences. endobj Currently, as shown in Figure1, 34 of the 58 counties have chosen to establish public defender offices. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorney representation. (a) Right to Appointed Counsel. 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). Effective assistance of counsel can help mitigate or eliminate such impacts, which is a factor that affects whether individuals actually receive equal protection and due process of law. The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. JFIF ` ` C State and Fresno County Settled Case in January 2020. Over the years, the mission of the agency has changed. It is unclear the extent to which other counties (and by extension the state) could face similar allegations in the future. Additionally, we note that prosecutorial offices also have access to law enforcement resources as wellsuch as for the investigation of cases. ",#(7),01444'9=82. Deprivation of conflictfree and independent representation. 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. Asshown in Figure10, the number of arrests per attorney in district attorney and public defender offices in the 32 reporting counties declined between 200910 an 201819, indicating that caseloads were decreasing. If a defendant is unable to afford an attorney, the government is responsible for providing an attorney to ensure that the defendant has the opportunity for a fair trial. 2001), Appeals (est. It is unclear how much is spent on such prosecutorial purposes. Public defense providers or lawyers file motions asking a court to stop the assignment of new cases and to withdraw from current cases, as may be appropriate, when workloads are excessive and other adequate alternatives are unavailable. Examples of Quality Guidelines and Standards, American Bar Association (ABA) Ten Principles of a Public Defense Delivery System, ABA Guidelines of Public Defense Related to Excessive Workloads, State Bar of California Guidelines on Indigent Defense Services Delivery Systems. endobj A case in which the Court held (1) a defense lawyer's conflict of interest arising from a simultaneous representation of co-defendants violates Sixth Amendment guarantee of assistance of counsel, and (2) the exclusion of women (other than members of the League of . We describe a couple categories of such guidelines and standards below. endobj In contrast, per person spending on district attorney offices for more than threefourths of counties was between $30 to $70. [Appointment of Counsel; Guardian ad Litem.] Of this amount, 80percent were guilty pleas. Responsibilities. In this report the type of counsel for Federal and State defendants was the type at case termination. Counties Primarily Responsible for Indigent Defense. Third, it appears that agencies may also differ in how they categorize and report their staffing levelswhich can then impact the reported staffing ratios. <> 4 0 obj Quality (or Effectiveness) Metrics. Evaluation of Adult Felony Trial Level Indigent Defense Services In 27 of the district attorney offices, there were between 1.1 and 4 attorneys per investigator. Defense counsels workload is controlled to permit the rendering of quality representation. As shown in the figure below, such quality guidelines and standards tend to be broader and more conceptual in nature. 12 0 obj Other counsel may have represented the defendant earlier. In contrast, per arrest spending on district attorney offices for almost threefourths of all counties was between $800 to $2,400 per arrest. 2008) under one umbrella and to develop proposals for a statewide public defense system. As such, effective defense counsel is necessary to ensure a defendant has a fair trial against governmentfunded and trained prosecutorsirrespective of their incomelevel. At felony case termination, court-appointed counsel represented 82% of State defendants in the 75 largest counties in 1996 and 66% of Federal defendants in 1998 . There are 26 states and two U.S. territories that are State Plans. <> Notably, the court ruled that the state could not say it was not responsible for meeting its constitutional responsibilities just because the services are primarily provided by counties. Learn more at flexalert.org, Urgent Energy Conservation Needed: Raise your AC to 78 at 4 p.m. As shown in Figure3, over the past decade, spending on district attorney offices has been consistently higherand growing at a faster ratethan spending on indigent defense. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. This allows the individual to avoid serious life impactssuch as losing a job or child custodythat otherwise may have resulted if the individual remained detained. Court address Telephone no. Resources - OSPD - Office of State Public Defender Resources County Defense Services California Public Defenders Association List of resources to browse or search regarding California County Public Defender, County Web Sites, Major Criminal Defense Web Sites and Other Websites of Interest State Appellate & Post Conviction Services This is because these groups are more likely to be (1)involved with Californias criminal justice system due to the racial disparities that currently exist in the system and (2)lowerincome due to economic disparities that have existed historically. Below, we recommend 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 the problem. 2007) and Training (est. In counties with public defender offices, the Chief Public Defender is appointed by the county board of supervisors unless the board decided the position was to be elected at the time the office was created. To the extent the Legislature determined that additional resources were necessary, the data could help the Legislature determine where and how to target such additional resources to maximize their impact. As part of this requirement, the state or OSPD should establish clear definitions for how to track and report data (such as ensuring that all jurisdictions count the number of cases in the same way). Insufficient or no training for attorneys in the Fresno County Public Defenders Office. GovernmentFunded Representation of Defendants Unable to Afford Private Attorneys. Certain efficiency metrics (such as cost per case) also assume that service is being provided effectively. As a result, effective assistance has been subject to various court rulings.) More information would be necessary for a comprehensive and fair assessment. <>/Metadata 1388 0 R/ViewerPreferences 1389 0 R>> Finally, such metrics can be highly subjectivesuch as whether a case was resolved prior to trial where the client benefits from not engaging in litigation and receives a less serious penalty. This makes it difficult to fully and fairly evaluate the effectiveness of indigent service levels currently being provided across the state. 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. endobj <> Such statewide reporting is critical to ensure the state has the necessary information to conduct oversight of how effectively indigent defense services are provided across the state. 2008) under one umbrella and to develop proposals for a statewide public defense system. Concerns have been raised in various jurisdictions regarding whether effective indigent defense assistance is being provided. FOC 102 (3/15) ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES, PAGE 1 Plaintiff's name, address, and telephone no. For example, technology programs used by different actors (such as the public defender office, sheriffs office, or court) may be not be programmed to capture certain data. Under 18 U.S.C. (b) Appointment Procedure. As discussed in the prior section, there is a lack of consensus on what data and metrics should be used to directly measure the effectiveness of indigent defense representationincluding whether legal effectiveness, the perception of effectiveness, and/or some other definition of effectiveness should be measured. The U.S. Supreme Courts decision in Gideon v. Wainwright (1963) found that the right to counsel is fundamental and essential to fair trials in the United States and that defendants who are too poor to hire attorneys cannot be assured of a fair trial unless attorneys are provided by the government. The budget also required counties to report on how the funding was used and that an independent evaluation be conducted to assess the impact of the provided funding by August 1, 2025. As such, these defendants may choose to settle a case and avoid losing their jobs rather than contesting the case and going to trial. Location. Racial Disparities in the Criminal Justice System, Lack of Consistent Data and Metrics to Fully Evaluate Indigent Defense ServiceLevels, Wide Range of Metrics and Standards Used to Measure Effective Provision of Indigent Defense Services, Workload, Efficiency, and Quality Metrics, Comparisons of Limited Data Raise Questions About Service Levels. As such, effective defense, including indigent defense, is a key tool to help ensure that all individuals are treated equitably in criminal proceedings. At the close of the year After identifying what data should be collected to directly measure indigent defense service levels, we recommend the Legislature require counties collect and report that data to OSPD. Erin Briggs, after over a decade as appellate defender, became Training director in April. Turn off unnecessary lights and appliances. In more recent years, various jurisdictions have used weighted. In order to help ensure that effective indigent defense assistance is being provided, it is important for the state to periodically assess indigent defense service levels. The lack of statewide, comprehensive, and comparable data, however, makes it difficult to fully assess theseclaims. 4 0 obj public defender of San Francisco County is elected how they,. ; Guardian ad Litem. to afford private attorneys in acting in this area, has! 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Michigan case NO service are being provided $ 70 which other counties ( and by the. 2 0 obj endobj for example, such quality guidelines and standards below endobj for example, individuals... Are at greater risk of experiencing these serious consequences counsel ; Guardian ad Litem. jurisdictions differ. For more than 1.3million people, state lacks information to Assess indigent Providers... Cases, counties may not be collecting ospd appointment of counsel report in a particular priority order with of... Multiple actions could be taken of MICHIGAN case NO Trial against governmentfunded and trained prosecutorsirrespective of their incomelevel metrics dictate! Fully investigate and effectively represent their clients a fair Trial against governmentfunded and prosecutorsirrespective... Decade, we note that prosecutorial offices also have access to law enforcement resources wellsuch... Tend to be broader and more conceptual in nature extension the state lacks information Assess... 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