Caseloads | Workloads

Gideon Alert: High Court Focuses on the Right to Effective Counsel in Plea Bargaining

BY Edwin A. Burnette on Thursday, April 5, 2012 at 10:46 AM

The meaning of the Sixth Amendment’s promise of “effective counsel” has taken on additional dimensions over the past few weeks. On March 21, 2012, the U.S. Supreme Court issued two decisions exploring the right to effective assistance of counsel during plea bargaining. In Missouri v.

Gideon Alert: Prof. Lefstein points way to securing reasonable caseloads

BY David Carroll on Wednesday, December 14, 2011 at 6:12 PM

“Our nation’s public defense systems in state courts, with few exceptions, should be a source of great embarrassment for all of us: judges, bar associations, lawyers, public officials, and all other citizens,” states former Director of the Federal Bureau of Investigation and former United States District Court Judge, William Sessions, in the foreword to Professor Norm Lefstein’s new book, Securing Reasonable Caseloads: Ethics and Law in Public Defense. The source of that embarrassment is the simple fact that, across much of the country, indigent defendants count themselves among one of several hundred who are all vying for the attention of a single lawyer -- a lawyer who lacks the time, resources, and independence to adequately advocate on their behalf.  States neglect to provide any type of meaningful supervision or accountability for the representation provided by these overworked public defense lawyers.  And, far too often these public attorneys are beholden to the trial judge or the county administration for their pay check, creating a direct conflict between the lawyer’s own personal financial well-being and his ethical duty to advocate solely on behalf of his client.  As Judge Sessions notes, “[t]his undisputed and sad state of affairs undermines, indeed vitiates, respect for the rule of law both here at home and abroad and makes a statement to the world about who we are as a people and a society, a statement that we must no longer tolerate.”

Gideon Alert: State-sanctioned commission finds Pennsylvania defaulting on the Sixth Amendment

BY David Carroll on Monday, December 12, 2011 at 2:46 PM

On December 8, 2011, Pennsylvania’s Joint State Government Commission issued its report, A Constitutional Default: Services to Indigent Criminal Defendants in Pennsylvania, concluding that public defense providers labor “under an obsolete, purely localized system,” and that the structure of services “impedes efforts to represent clients effectively.” Echoing the 2003 report of the Supreme Court Committee on Racial and Gender Bias in the Judicial System, the new report states:

Final report of the Pennsylvania Joint State Government Commission's Task Force and Advisory Committee on Services to Indigent Criminal Defendants: "While recognizing the difficult fiscal environment the Commonwealth faces currently, the advisory committee urges the General Assembly to perform its duties under the U.S. Constitution and as a civilized society by finally addressing the deficiencies that undermine its indigent criminal defense system by reforming the system to comply with national standards."

Author/Organization: Pennsylvania Joint State Government Commission
Publication Date: 12/06/2011

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.

FLAG THIS CONTENT

Underrepresentation in Kentucky misdemeanor courts

BY David Carroll on Wednesday, November 16, 2011 at 3:34 PM

“An inevitable consequence of volume that large is the almost total preoccupation in such a court with the movement of cases.  The calendar is long, speed often is substituted for care, and casually arranged out-of-court compromise too often is substituted for adjudication.  Inadequate attention tends to be given to the individual defendant, whether, in protecting his rights, sifting the facts at trial, deciding the social risk he presents, or determining how to deal with him after conviction.  The frequent result is futility and failure.” [Argersinger v. Hamlin, 407 U.S. 25 (1972), affording the right to counsel to every case with a potential jail sentence.]

Report of the ABA's Bar Information Project's technical assistance to the Kentucky Department of Public Advocacy, provided by The Spangenberg Group. 

Author/Organization: The Spangenberg Group
Publication Date: 01/1998

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.

FLAG THIS CONTENT

 The juvenile justice system in Kentucky has endured a substantial history of problems concerning its treatment of juvenile offenders and the lack of systemic advocacy and focused reform efforts. After years of public criticism, media attention, litigation challenging the conditions in Kentucky’s juvenile facilities, lack of access to the effective assistance of counsel and to the courts, and failure to provide adequate treatment, Kentucky officials began the long road to institutional change by the second half of the 1990’s. The creation of the Department of Juvenile Justice, the commitment of Governor Patton to help fix a broken juvenile justice system, and the Kentucky legislature’s move to invest millions of new dollars into these initiatives were the beginning.

Author/Organization: American Bar Association Juvenile Justice Center
Publication Date: 09/2002

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.

FLAG THIS CONTENT

A table of misdemeanor caseloads by county for Kentucky DPA branch offices. FY09-FY11.

Author/Organization: Kentucky Department of Public Advocacy
Publication Date: 2011

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.

FLAG THIS CONTENT

Gideon Alert: Proposed Washington Supreme Court standards give focus to national caseload debate

BY David Carroll on Tuesday, November 8, 2011 at 3:16 PM

On October 31, 2011, the public comment period closed on proposed Washington State Supreme Court standards that would implement many of the American Bar Association’s Ten Principles of a Public Defense Delivery System.  These proposed standards have been long in the making.  The Washington State Bar Association (WSBA) Council on Public Defense developed the standards now being proposed for Supreme Court approval after months of seeking input from numerous stakeholders and interested parties.  Nonetheless, in the final days open for public comment, a flurry of opposition was mounted by local prosecutors, county and city policymakers, judges, the State Legislature, and even some public defense providers.  [All public comments are available on the Court’s website here].

The Washington State Bar Association presented these proposed standards for the Washington Supreme Court's consideration. Public comment closed October 31, 2011. 

Author/Organization: Washington State Bar Association
Publication Date: 2011

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.

FLAG THIS CONTENT