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%2520defense”>Public Defense Directories

#reports”>Reports

#resource%2520centers”>Resource Centers

#standards”>Standards

#criminal%2520defense”>Criminal Defense Lawyer Associations

#eligibility”>Eligibility #commissions”>Commissions #resources”>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%2520of%2520Contents”>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

• National Legal Aid and Defender Association
• National Tribal Justice Resource Center

States

• Arizona Public Defender Association
• Florida Public Defender Association
• Illinois Public Defender Association
• Louisiana Public Defenders’ Association
• Michigan Criminal Defense Resource Center
• Mississippi Public Defenders Association
• New York State Defenders Association
• South Carolina Public Defender Association
• Washington Defender Association

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.

• State and Local Affiliates: National Association of Criminal Defense Lawyers (NACDL)
• Defender Resources: Criminal Defense Organizations (NLADA)

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

• Indigent Defense Statistics (BJS)
• Spangenberg Group Publications List

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

• Five Problems Facing Public Defense on the 40th Anniversary of Gideon v. Wainwright (NLADA)
• Gideon at 40: Fulfilling the Promise (NACDL)
• Gideon Reviewed: State of the Nation 40 Years Later (NLADA)
• Gideon v Wainwright 40th Anniversary (ABA)

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

• ABA Criminal Justice Section Collection of Standards
• ABA Principle Resolutions on Indigent Defense
• ABA Standing Committee on Legal Aid and Indigent Defendant Collection of Standards
• Compendium of Standards for Indigent Defense Systems (BJA 2000)
• NACDL Collection of Standards
• NLADA Collection of Standards

Resources

• ABA Ten Principles of a Public Defense Delivery System
• Ten Tenets of Fair and Effective Problem Solving Courts (NLADA 2001)
• criminaljustice/executive_sessions/espd.htm" class="c1">Executive Session on Public Defense (Harvard)
• Implementation and Impact of Indigent Defense Standards (NIJ 2003)
• Spangenberg Group Publications List

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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

• American Bar Association
  • Criminal Justice Section
  • Standing Committee on Legal Aid & Indigent Defendants
  • Standing Committee on Pro Bono & Public Service
• American Civil Liberties Union
• National Association of Criminal Defense Lawyers
• National Legal Aid and Defender Association
• Spangenberg Group

Bibliographies and Libraries

• criminaljustice.org/public.nsf/DefenseUpdates/Index?OpenDocument" class="c1">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

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