LLRX.com - Courts & Technology

Features - Public Defense Systems

Fri, 20 Oct 2006 09:59:53 -0700

Criminal Justice Resources

Public Defense Systems

By Ken Strutin

Ken Strutin (JD, MLS) is an experienced law librarian, criminal defense attorney, and well-known writer and speaker. He is the author of The Insider's Guide: Criminal Justice Resources on the Internet, and has lectured extensively about the benefits of using the Internet for legal research at national and local CLE training programs. Mr. Strutin also wrote ALI-ABA's Practice Checklist Manual on Representing Criminal Defendants, and co-authored the award winning Legal Research Methodology computer tutorial, published by the Center for Computer-Assisted Legal Instruction (CALI). He has contributed chapters to several books and written many articles concerning knowledge management, legal research and criminal law. Mr. Strutin has taught courses in Advanced Legal Research and Law Office Management. He is also listed in Who's Who in American Law. Currently, Mr. Strutin is the Director of Legal Information Services at the New York State Defenders Association and writes a column for the New York Law Journal. Other guides by Ken Strutin on LLRX.com.

Published June 18, 2006

Introduction

This is a select collection of resources about public defense systems in the United States. The focus is on key studies, reports, and reference materials published on the web..

Public Defense Directories	Reports
Resource Centers	Standards
Criminal Defense Lawyer Associations	Eligibility
Commissions	Resources

Public Defense Directories

Nationwide

Pine Tree Legal Services
Their website offers links to civil legal services, legal aid, pro bono, backup centers, pro se site, and law school programs throughout the country, and some from around the world. Pine Tree is a statewide legal services program for the citizens of Maine.

Federal

Federal Public Defender Directory (ODSTB)
This is a national directory of federal public defender offices maintained by the Office of Defender Services Training Branch.

State

Public Defenders (Findlaw)
This is a collection of links to federal and state public defender offices, and national resource centers organized by state.
Legal Services/Pro Bono/Indigent Defense (NCSC)
The National Center for State Courts has gathered together web links to state and federal indigent defense, capital defense and legal services offices nationwide.
Directory of Legal Aid & Defender Offices in the United States and Territories (NLADA) (order form)
The National Legal Aid & Defender Association annually publishes, print only, a national directory of public defender and civil legal services offices.

<Table of Contents>

Resource Centers

In many states, public defenders, legal aid and assigned counsel rely on the support services provided by backup centers. These offices respond to the research and training needs of public defense attorneys, monitor case law and legislative developments, answer questions from the client community and members of the public, and serve as a clearinghouse for public defense advocacy and policy research.

Nationwide

States

Criminal Defense Lawyers Associations

There are many statewide and local criminal defense associations, as well as sections of general bar associations, that have dedicated resources to public defense work. The lists below provide web links to many of these groups.

Commissions

Public defense systems vary from place to place. Some have established statewide systems and operate under commissions, while others are patchwork arrangements. And a few states are reevaluating their defender systems. Information about commissions and related developments can be found in the Spangenberg studies below. Underneath is a selection of state websites.

Nationwide

Statewide Indigent Defense Systems Overview (Spangenberg 2005)
Indigent Defense Systems of the 50 States (ABA 2004)

States	Links
Arkansas	Public Defender Commission
California	California Habeas Corpus Resource Center
Colorado	State Public Defender Commission Alternate Defense Counsel Commission
Connecticut	Public Defender Services Commission
District of Columbia	Public Defender Service
Florida	Florida Public Defender Association
Georgia	Georgia Public Defender Standards Council
Hawaii	Defender Council
Illinois	Office of State Appellate Defender
Indiana	Public Defender Commission
Iowa	Indigent Defense Advisory Commission
Kansas	State Board of Indigents' Defense Services
Kentucky	Department of Public Advocacy
Louisiana	Louisiana Indigent Defense Assistance Board Louisiana Task Force on Indigent Defense
Maryland	Public Defender
Massachusetts	Committee for Public Counsel Services
Michigan	Appellate Defender Commission
Minnesota	Minnesota Public Defenders
Missouri	Public Defender Commission
Montana	Public Defender Commission
Nebraska	Nebraska Commission on Public Advocacy
New Hampshire	Judicial Council New Hampshire Public Defender
New York	New York State Commission on the Future of Indigent Defense Services Capital Defender Office
North Carolina	Public Defender Commission
North Dakota	North Dakota Commission on Legal Counsel for Indigents
Ohio	Hamilton County Public Defender Commission Public Defender Commission
Oklahoma	Oklahoma Indigent Defense System
Oregon	Public Defense Services Commission
North Carolina	Public Defender Commission
South Carolina	Indigent Defense Commission
Texas	Texas Task Force on Indigent Defens
Virginia	Indigent Defense Commission Virginia Indigent Defense Commission
Washington	Office of Public Defense
Wisconsin	State Public Defender

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Reports

The major bar associations, private research groups and government agencies have published reports on different aspects of public defense. They include systemwide surveys, funding studies, caseload analyses and highlights of significant problems and unmet mandates.

Compilations

Nationwide Studies

Contracting for Indigent Defense Services (BJA 2000)
Defense Counsel in Criminal Cases (BJS 2000)
Gideon's Broken Promise: America's Continuing Quest for Equal Justice (ABA 2004)
Improving State and Local Criminal Justice Systems (BJA 1998)
Indigent Defense (BJS 1996)
Indigent Defense Services in Large Counties 1999 (BJS 2000)
Keeping Defender Workloads Manageable (BJA 2001).
Redefining Leadership for Equal Justice: Final Report of the National Symposium on Indigent Defense 2000 (BJA 2000)
State-Funded Indigent Defense Services 1999 (BJS 2001)

Gideon 40th Anniversary Sites

States

Chp. 10 "Model Court Interpreter Act " in Court Interpretation: Model Guides for Policy and Practice in the State Courts (National Center for State Courts 1995)
Court Interpreters Act, 28 USC § 1827

States

Alabama: Alabama v. Shelton: The Right to Counsel in Misdemeanor Cases Resulting in Suspended or Probated Sentence (NCSC 2003)
Arizona: Indigent Defense in Arizona (NACDL 2001)
Georgia: Report of the Chief Justice's Blue Ribbon Commission on Indigent Defense (2002)
Nevada: Indigent Defense Services in the State of Nevada (Spangenberg Group 2000)
New York: Crisis in Legal Representation of the Poor (1st Dept 2001)
Tennessee: Tennessee Weighted Caseload Study Update: District Public Defenders (2005)
Texas: Muting Gideon's Trumpet: The Crisis in Indigent Criminal Defense in Texas (State Bar of Texas 2000)
Vermont: Vermont Indigent Defense Task Force Report (2001)
Virginia: Comprehensive Review of Indigent Defense in Virginia (ABA 2003)
Washington: Report of the Washington State Bar Association Blue Ribbon Panel on Criminal Defense (2004)

Standards

These are compilations of national and state standards for the criminal justice system, and public defense in particular.

Compilations

Resources

ABA Ten Principles of a Public Defense Delivery System
Ten Tenets of Fair and Effective Problem Solving Courts (NLADA 2001)
Executive Session on Public Defense (Harvard)
Implementation and Impact of Indigent Defense Standards (NIJ 2003)
Spangenberg Group Publications List

Eligibility

The ability to afford counsel depends on many factors, and the assessment of those factors determines whether an accused will receive assigned representation. Below are several guidelines, albeit starting points, used in making this determination.

Guidelines

Income Eligibility Guidelines (LSC)
Federal Poverty Guidelines (HHS)

Reports

Determining Indigency (NCSC)
Determining Eligibility for Appointed Counsel in New York State (NYSDA 1994)

Resources

These resources are excellent starting points for locating national and local materials on public defense systems and the implementation of the right to counsel. The Resource Centers listed above are another good place to find information about a particular state's system.

Organizations

Bibliographies and Libraries

Indigent Defense (NACDL)
Indigent Defense (OJP)
Indigent Defense Resource Guide (NCSC)
National Committee on the Right to Counsel (NLADA)
National Criminal Justice Research Service (NCJRS)
National Equal Justice Library

<Table of Contents>

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LLRX.com - Courts & Technology

Features - Public Defense Systems

Criminal Justice Resources

Public Defense Systems

<Table of Contents>

Resource Centers

States

Links

Standards

Resources

Reports

Resources

Features - Getting a Grip on the CSI Effect: The National Clearinghouse for Science, Technology and the Law at Stetson Universit

Features - Are Libraries Places to Learn or Engage in Illegality?

Are Libraries Places to Learn or Engage in Illegality?

Extras - Michigan Cybercourt Will Be Model For Other States

Features - E-Filing Appeals with Adobe Acrobat

E-Filing Appeals with Adobe® Acrobat®

Extras - Who Benefits From Electronic Filing?

Extras - Six Bum Raps Against E-filing

Six Bum Raps Against E-filing

Features - eFiling Comes of Age

eFiling Comes of Age

By Phil Ytterberg and Scott Schumacher

Features - Electronic Discovery - Or, the Byte that Bit

Electronic Discovery - Or, the Byte that Bit

By George Socha

Features - Electronic Court Filing

Return to Library

Electronic Court Filing

By Bradley J. Hillis

E-Filing Appeals with Adobe^® Acrobat^®