Arizona

Gideon Alert: Cochise County, Arizona contemplates contract system in light of important State Court decision

BY David Carroll on Tuesday, August 16, 2011 at 1:55 PM

“The insidiousness of overburdening defense counsel is that it can result in concealing from the courts, and particularly the appellate courts, the nature and extent of damage that is done to defendants by their attorneys' excessive caseloads,” declared the Arizona State Supreme Court in State v. Joe U. Smith, 140 Ariz. 355, 681 P.2d 1374 (Ariz. Apr. 4, 1984).  The Smith Court found that the lowest bid system for obtaining indigent defense counsel in Mohave County (Kingman) violated the defendant’s right to due process.  In light of the Smith case, Arizona counties struggle to provide fiscal predictability to the taxpaying public, while ensuring the rights to counsel and due process of each indigent defendant. The Wilcox Range News reported on August 10, 2011 that one county – Cochise County (Bisbee) – is currently considering a proposal to switch from an assigned counsel system paying an hourly rate of $50 to a system paying a “flat fee of $150 per misdemeanor case and $900 per felony case.”

Cochise County, AZ released for public comment a proposed contract for tertiary defender services. This letter provides David Carroll's comments on the proposal. While the proposal went far toward meeting many of the ABA Ten Principles, it failed with respect to independence (Principle 1) and accountability (Principle 10). 

Author/Organization: David Carroll, NLADA
Publication Date: 08/16/2011

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Proposed contract for tertiary conflict and overflow cases would pay private attorneys a single flat fee of $150 per misdemeanor case and $900 per felony case.

Author/Organization: Cochise County, Arizona
Publication Date: 2011

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Ruling in Zarabia v. Bradshaw that “[i]t is impermissible for the presiding judge, in wholesale fashion, to transfer the public's constitutional obligation to pay the financial cost of indigent defense to the county's private lawyers,”  the Arizona Supreme Court reaffirmed that the principles expounded in State v. Joe U. Smith were the appropriate standard for gauging the effectiveness of a right to counsel system. 

Author/Organization: Arizona Supreme Court
Publication Date: 1996

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In finding that the lowest bid system for obtaining indigent defense counsel in Mohave County (Kingman) violated the defendant’s right to due process and right to counsel under Arizona and U.S. Constitutions, the state supreme court wrote: “The insidiousness of overburdening defense counsel is that it can result in concealing from the courts, and particularly the appellate courts, the nature and extent of damage that is done to defendants by their attorneys' excessive caseloads.”

Author/Organization: Arizona Supreme Court
Publication Date: 1984

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Impact Leadership: Leading Change: Vision, Empowerment, Action NDLI 2005

Event Date: 
Sunday, September 11, 2005 - Wednesday, September 14, 2005
Event City & State: 
Phoenix, Arizona
Event Facility
Facility Name: 
Embassy Suites Hotel Phoenix-Scottsdale
Facility Address: 
4415 East Paradise Village Parkway South
Facility Phone: 
(602) 765-5800
Facility Fax: 
(602) 765-5892

Leading change is one of the greatest challenges a public defender leader faces.  Whether we are implementing a new policy, undertaking a community initiative, or responding to legislative or fiscal realities, managing change is a part of every defender leader's professional life.  Understanding the dynamics of change, comprehending why people resist change, and developing effective s

Event Details: 

Materials & Presentations

Materials and presentations for this program are available only to the participants.  Participants may access them by joining the discussion Group for this event.  Just click on Join the Group for this Event in the box to the right, and select the Group name "Impact Leadership NDLI 2005."

Agenda

View the full Agenda for the program here.

Brochure, Registration & Logistics Information

Registration for this event is on a first-come first-served basis.  Participation is limited to 50 attendees to ensure the personalized assistance intended in this highly interactive program.  View the full Brochure for the program here.

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NDLI Impact Leadership

This is the Brochure for the Impact Leadership training program, September 11-14, 2005.

Author/Organization: National Defender Leadership Institute (NDLI)
Publication Date: 09/11/2005

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This is the final Agenda for the Impact Leadership training program, September 11-14, 2005.

Author/Organization: National Defender Leadership Institute (NDLI)
Publication Date: 09/11/2005

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

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