Alternatively, the Legislature could contract with external researchers to help establish specific outcome and performance measures. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. The Public Defense Provider has a supervision program that continuously monitors the workloads of its lawyers to assure that all essential tasks on behalf of clients are performed. Such actions would dictate whether, and how much, additional state resources could be needed to support indigent defense. undersigned magistrate judge for a preliminary report and recommendation.28 U.S.C. 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. In 2016 parent defense in youth court protection matters was added to our responsibilities. The 202223 budget subsequently provided $1million for this purpose. the work performed by the OSPD and private court-appointed counsel. 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). Efficiency metrics can draw comparisons between various pieces of data (such as cost per case by case type) and reflect jurisdictional decisions for acceptable benchmarks for how workload is completed (such as the percent of cases resolved within a specific number of days from attorney appointment). As such, these defendants may choose to settle a case and avoid losing their jobs rather than contesting the case and going to trial. In California, counties are primarily responsible for providing and paying for indigent defense. 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. Third,we note that some individuals may choose to pay directly for private attorneys for representation instead of making use of the indigent defense system. Kristi Mullen who joined OSPD as office manager during the merger continues in that role. (Apublic defender office can refuse cases in various circumstances. The extent to which OSPD intends to use this expanded authority is currently unclear. In 27 of the district attorney offices, there were between 1.1 and 4 attorneys per investigator. 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. 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. Second, the staffing data is reported on June 30 of every year and may not fully reflect the number of positions each office is budgeted for. The U.S. Constitution further guarantees specific rights to individuals in criminal cases, including the right to a speedy trial and the right to have the assistance of an attorney. Prior to settlement, the state filed a petition asking the court to dismiss some of the allegations against it. However, effectiveness is likely correlated with the amount of time and resources available for indigent defense providers to spend on cases. xW[o8~G?d$qVU3i ;ZJ"8q\||h078Y!+$Eyl|@fgh4-qY/}h6l6n/|0$tgO_ OYO1eIHfI75vI] (yM4:VXR3?3]1}@Wl\qSp 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. Below, we describe in more detail the categories of such metrics. Andr de Gruy serves as State Defender. Twenty-two State Plans (21 states and one U.S. territory) cover both private and state and . Urgent Energy Conservation Needed: Raise your AC to 78 at 4 p.m. 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. 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). Defining such metrics and data collection needs at the statewide level can also ensure that data is collected consistently, which would allow for accurate and fair comparisons across the state. Alleged Ways Fresno County Failed to Provide Effective Indigent Criminal Defense Service Levels. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. Forexample, such data could indicate that structuring and funding a public defender office in a particular way could generate more effective representation at a comparatively lower cost. There should exist, at a minimum, parity between fulltime indigent defense providers and fulltime prosecutors in net compensation, as well as benefits or an amount sufficient to provide benefits of the same value. Additionally, the 202122 budget included $50million annually for three years for indigent defense providers to address certain postconviction proceedings. 7 0 obj Oscoda Township Offices are open Monday through Friday from 8:00 am until 5:00 pm. First, the spending data for district attorney offices and indigent defense providers is generally pulled from data reported by counties to the state. Forexample, a timestudy in Virginia recommended annual caseloads not exceed 45noncapital murder or homicide cases, 145violent felony cases, 257 nonviolent felony cases, and 757misdemeanorcases. Efficiency Metrics. Why Is Effective IndigentDefenseImportant? The metrics listed above can be used to ensure these guidelines or standards or met, or used to inform the setting of the standard. However, we believe that it is critical for the state to receive accurate and comprehensive data in order to determine whether federal and state constitutional requirements are being met. 3.01. We describe a couple categories of such guidelines and standards below. 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. Citation. The lack of statewide, comprehensive, and comparable data, however, makes it difficult to fully assess theseclaims. These requirements include: (1)providing a minimum amount of annual funding to the Fresno County Public Defenders Office, (2)specifying goals for employing a certain number of supervisorial staff, (3)regularly reviewing and reporting case files, (4)adopting certain policies (such as related to the use of nonattorney staff and to trial performance standards), and (5)the regular reporting of specified caseload and other data (such the number of cases opened andclosed). 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. 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. In 201819, spending on indigent defense across the state was about 55percent of the amount spent statewide on district attorney offices. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. 2001), Appeals (est. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. Save time on preparing legal paperwork with US Legal Forms. However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. As this case was settled, it is unclear whether other California counties are similarly situatedresulting in potential state liability in those cases as well. Other counsel may have represented the defendant earlier. As a result, counties have taken different approaches to evaluating and monitoring the provision of indigent defense services. 13 0 obj In contrast, per arrest spending on district attorney offices for almost threefourths of all counties was between $800 to $2,400 per arrest. For example, counties (and their departments) may not define a case or track cases in the same manner. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. (Doc. Challenges Collecting Data. 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. States have developed systems for providing attorneys to defendants who are unable to pay for representation in criminal cases. While there is a lack of consistent data and metrics to fully evaluate indigent defense service levels, the available data raise questions about the effectiveness of existing levels. California law authorizes counties to establish a public defender office to provide representation within the county. For example, if individuals appear without an attorney for their first court hearing (known as arraignment) which is generally 48 hours from arrest, California courts are required to (1)inform them of their right to have an attorney before being arraigned at the end of the first hearing, (2)ask if they would like to have an attorney appointed, and (3)appoint an attorney to represent them if they desire one and are unable to pay for their own attorney. <> The agency currently represents more than 130 men and women on death row in California. 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. These consequences can have a disproportionate impact on lowerincome individuals. (Aswediscuss below, the state recently authorized the Office of the State Public Defender [OSPD] to assist trial court indigent defense providers.). Coun.R. It is unclear how widespread this practice is. Specifically, we recommend the Legislature: (1)statutorily define appropriate metrics to more directly measure the quality of indigent defense; (2)require counties collect and report data to the states Office of the State Public Defender; and (3)use the data to determine future legislative action, such as identifying whether resources are needed to ensure effective indigent defense as well as how such resources could be targeted to maximize their impact. Second, spending on district attorney offices may not represent all prosecutorial resources. 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. 3 0 obj endobj 4 0 obj All three comparisons discussed above demonstrate greater levels of funding for district attorney offices than indigent defense. 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. For example, effective assistance can result in an individual being released from jail pending criminal proceedings that can take months or years to conclude. These consequences can also have a disproportionate impact on certain racial groups in California as well. Court address Telephone no. As shown in Figure11, in201819, arrests per attorney in 25 of 32 district attorney offices clustered between 201 to 400. 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. 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. Of this amount, 80percent were guilty pleas. Certain efficiency metrics (such as cost per case) also assume that service is being provided effectively. Temecula California Appointment of and Authority to Pay Court Appointed Counsel Avoid problems connected to the typical hassle of looking for official forms on the web. Jurisdictions have used such caseload standards in different ways to help ensure that minimum levels of effective indigent defense service are being provided. Lack of parity with prosecutorial counterparts. 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. There should exist a mechanism whereby the quality of the representation provided by indigent defense providers is monitored and accurately assessed, employing uniform standards. For example, such individuals may not have jobs willing to provide sufficient time off to come to court. On May 13, 2019, I directed United States Attorney John Durham to conduct a . Workload Metrics. GovernmentFunded Representation of Defendants Unable to Afford Private Attorneys. The data also show greater variation in the ratio of support staff to attorneys in public defender offices. u)*lt2ID5RL!~l*[]n>w"!j8 In California, counties are primarily responsible for providing and paying for indigent defense services. Finally, we reviewed various papers and studies examining indigent defense in California as well as other jurisdictions. 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 . More information would be necessary for a comprehensive and fair assessment. Define Appropriate Metrics to More Directly Measure the Quality of Indigent Defense. These specifications apply to all OSPD reports regardless of contractor type. In counties with populations of more than 1.3million people, state law requires courts appoint attorneys to defendants in a particular priority order. The identified differences are notable enough that they raise questions about the effective provision of indigent defense in California. <> Staffing levels can provide a sense of the total number of people available to work on cases. 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. Having clearly defined metrics would dictate the specific data that needs to be collected in order to evaluate existing indigent defense service levels. 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. In June 2021, the Maine Legislature increased the MCILS budget by more than 50%, from $18 million to $27.5 million. For example, the Legislature could determine that procedural justice (or the perception of a fair process) is equally important as legal effectiveness. 10 0 obj These metrics are not mutually exclusive and can be used concurrently with one another. 2007) and Training (est. Positions perform duties under limited supervision, which requires an advanced knowledge of administrative policies and procedures, and general understanding of OSPD . This report presents the results of the first national study of access to counsel in U.S. immigration courts. Under 18 U.S.C. Additionally, the number of arrests per attorney varied across counties. <> APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE MATTERS RELATED TO INTELLIGENCE ACTIVITIES AND INVESTIGATIONS ARJSING OUT OF THE 2016 PRESIDENTIAL CAMPAIGNS . For example, a District Attorney that sets office policies to limit early settlements of cases could mean that indigent defense attorneys must invest more time and resources to more fully investigate and defend their clients in order to limit incarceration. This assumes local counsel will be appointed. endobj 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. Theremaining counties do not have public defender offices. 2. depclerk@OscodaTownshipMI.gov. 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. We also analyzed data reported by counties to the State Controllers Office and the California Department of Justice. 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. 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. Spending Data Limitations. Turn off unnecessary lights and appliances. If the state is interested in acting in this area, it has various options depending on its goals. Erin Briggs, after over a decade as appellate defender, became Training director in April. George Holmes continues as Appeals director, a job he has held for the last decade. (b) Appointment of Counsel for Children 171 (c) Eligibility for Appointment as Counsel for Adults 171 (d) Eligibility for Appointment as Counsel for Children 172 (e) General Practice for Court-Appointed Attorneys in Dependency Report to Senate on Committee on Women, Children and Families Telephone: 1-800-323-6234. Failure to monitor and supervise Fresno Countys Public Defense System to ensure compliance with minimal constitutional and statutory requirements. Staffing Data Limitations. 2 0 obj Additionally, certain efficiency metrics can be impacted by factors outside of the control of indigent defense providers. Responsibilities. 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. For example, the average percent of sentences avoided could be higher in jurisdictions where there is more aggressive prosecutorial charging. 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. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. 11 0 obj County priorities and funding decisions impact arresting, charging, and prosecutorial decisions that the indigent defense system must react to. ACLU Filed Case Against Fresno County and the State. Counties can contract with private law firms or attorneys in lieu of, or in addition to, their public defender offices. <> On the one hand, some assert that district attorney offices require more resources because they must determine whether or not individuals should be charged (and at what level) and must engage in various activities to demonstrate that defendants should be convicted. 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