Administration | Structure

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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Update on New York state's struggles to meet Gideon's promise

BY Jon Mosher on Tuesday, August 2, 2011 at 2:31 PM

On August 2, 2011, the Gotham Gazette provided a lengthy update on the state of New York’s ongoing struggle to provide a meaningful right to counsel for those otherwise unable to afford it.  The New York Civil Liberties Union class action lawsuit against the state, now in the discovery phase, continues to pressure policymakers to find a permanent resolution to the state’s severe, chronic challenges in meeting its 6th Amendment obligations.  Meanwhile, the newly established Office of Indigent Legal Services saw its initial $3 million budget cut in half, limiting its ability to aid county-based service providers in meeting foundational standards.  With progress slow, the Gazette provides a helpful round-up on where efforts currently stand, and where New York policymakers may look next in order to make larger strides towards constitutional compliance.

This is a progress report on implementation by the Riverside County Public Defender Office (RPDO) and Riverside County of NLADA’s Evaluation Report recommendations submitted in January of 2000. This report reflects the findings of an NLADA team with respect to activities, corrective actions and achievements by the RPDO and the County in the sixteen months since the Evaluation Report was submitted. It is current as of May 1, 2001. 

Author/Organization: National Legal Aid & Defender Association
Publication Date: 06/2001

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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Riverside County contracted with the National Legal Aid and Defender Association (NLADA) to conduct an evaluation of its Public Defender Office. Scott Wallace, Director of Defender Services for NLADA, recruited a team of experienced public defenders with extensive experience as managers and litigators, and in conducting management audits of indigent defense programs.
 

 

Author/Organization: National Legal Aid & Defender Association
Publication Date: 01/2000

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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Review of the operations and policies of the Department of Assigned Counsel (DAC) in Pierce County, Washington, with a particular focus on indigency determinations, attorney appointments, investigations, training, and resources. Study team reports that many county officials lack a clear understanding of the organizational structure and function of the DAC. Empirical findings were made difficult by the absence of reliable statistical data, but the authors note that the majority of cases in Pierce County are handled by attorneys on the assigned counsel panel and that zealous pre-trial advocacy seems to be lacking in the county. Recommendations include, but are not limited to: determining procedures for establishing indigency, hiring more investigators and support staff, developing attorney training programs, and upgrading resources and facilities.

Author/Organization: National Legal Aid & Defender Association
Publication Date: 1981

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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Gideon Alert: Alabama creates statewide indigent defense system

BY David Carroll on Thursday, June 9, 2011 at 9:00 AM

On June 9, 2011, Alabama joined the majority of states in the country that have state-administered right to counsel systems. While Alabama already funds indigent defense at the state level, the legislation (SB 440) creates centralized oversight of right to counsel services, requires the promulgation of standards, and seeks to expand the number of staffed public defender offices. The bill is a compromise reach by a conference committee.  An earlier version of the bill was passed by the Senate (24-3) on May 25 and would have unified the state's divergent county-based right to counsel systems, but only a substitute bill passed in the House. The conference bill passed the Senate unanimously (32-0) and the House voted the measure through on an overwhelmingly bi-partisan basis (97-4-1). Governor Bentley is expected to sign the conference committee version of the bill into law, as he is largely viewed as the leader behind the movement to bring accountability to the delivery of right to counsel services.

A letter from David Carroll, director of research at NLADA, to Alabama Governor Bentley regarding proposed legislation to reform the state's right to counsel delivery system. Based largely on the need to adhere to national standards, the letter suggests many of the proposed changes within the bill would be solidified and improved upon by also establishing independence of the public defense function.

Author/Organization: David Carroll, NLADA
Publication Date: 05/09/2011

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Trial-level right to counsel systems and the ethical obligations of indigent defense attorneys

BY on Tuesday, March 22, 2011 at 4:52 PM

"Ethical Obligations of Indigent Defense Attorneys to Their Clients" provides a basic introduction to the provision of indigent defense services in courts throughout the country and the ethical obligations of the attorney who provide these services.

This Article, published at 75 Mo.L.Rev. 715, is a basic introduction to the provision of indigent defense services in state courts throughout the country and the ethical obligations of the attorneys who provide those services.  First, the Article briefly quantifies what currently exists in our right to counsel systems -- what we know, and what we do not know.  The Article then discusses the rules that generally govern the ethics of representation provided by indigent defense attorneys.  Third, the Article examines the measures by which attorneys can know whether they are fulfilling and will continue to fulfill their ethical obligations.  Finally, the Article discusses the responsibilities of the broader justice system to ensure ethical representation of indigent defendants and why that goal is rarely achieved. 

Author/Organization: Phyllis E. Mann
Publication Date: 2010

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Gideon Alert: NJ Gov’s dismissal of state public defender sparks debate over independence

BY Jon Mosher on Friday, March 4, 2011 at 1:00 PM

On March 3, the Newark Star-Ledger published an editorial on the New Jersey governor’s recent decision to remove the current chief public defender, Yvonne Smith Segars, and nominate a new candidate for the state senate’s approval.  New Jersey has a statewide, state-funded indigent defense system that provides direct services primarily through regional staffed public defender offices.  The state’s chief public defender, who oversees all right to counsel services in the state, is appointed by the governor with approval of the senate.