Defender

Justice For All Act (JFAA) reauthorization bill, introduced in September 2010 by U.S. Senator Patrick Leahy.

Author/Organization: US Senator Patrick Leahy
Publication Date: 09/30/2010

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 phrase “evidence-based practices” (EBP) is the catch-phrase of the day throughout our criminal justice systems.  But what exactly are these practices, how do they affect our clients, and what do we as defense attorneys need to know and do about them? 

Author/Organization: Phyllis E. Mann
Publication Date: 09/22/10

Gideon Alert: DOJ data confirms existence of right to counsel workload crisis in the United States

BY David Carroll on Friday, September 17, 2010 at 10:56 AM

On September 16, 2010, the U.S. Department of Justice, Bureau of Justice Statistics (BJS) released additional results from its 2007 public defender survey in two separate reports.  These reports on state public defender programs and county-based public defender programs detail the existence of serious deficiencies in the way states and counties deliver Sixth Amendment right to counsel services, most notably in the excessive caseloads public defenders are forced to carry.

Gideon Alert: Innocence Project reports 81% of innocent exonerees' IAC claims wrongly denied

BY David Carroll on Saturday, September 11, 2010 at 7:07 AM

A new report by The Innocence Project documents how difficult it is for defendants to win their claims that their trial attorneys provided ineffective assistance of counsel (IAC). Of the first 255 people exonerated through DNA evidence, approximately 1 out of every five had raised claims in their appeals that their trial attorney was ineffective.  Appeals courts rejected those claims in the majority of cases (81%).

Gideon Alert: Tennessee Supreme Court issues advisory opinion on sitting prosecutor appointed to public defender commission

BY David Carroll on Friday, September 10, 2010 at 10:20 AM

The State of Tennessee provides the majority of the funding for the right to counsel and trial-level services are provided through a statewide system of elected public defenders from the state’s 31 judicial districts.  District 20 (Davidson County - Nashville) and District 30 (Shelby County - Memphis) are served by non-elected local public defender offices, which existed prior to creation of the state system in 1989. [Correction: The original posting of this article contained an error.  Davidson County's public defender is an elected official.]

The Tennessee court establishes that the Lt. Governor's appointment of a sitting district attorney general to the Post-Conviction Defender Commission violates prevailing standards.

Author/Organization: Board of Professional Responsibility of the Tennessee Supreme Court
Publication Date: 2010

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

On July 13, 2010, Tennessee Lt. Governor and Speaker of the Senate appointed a sitting prosecutor to the Post-Conviction Defender Commission.  This letter of July 22, 2010 is NLADA's response to the blatant disregard of national standards on independence.

Author/Organization: David Carroll
Publication Date: 07/22/2010

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

On July 13, 2010 letter from Tennessee Lt. Governor and Speaker of the Senate appointing a sitting district attorney general (prosecutor) to the Post-conviction defender commission.  Such appointments are prohibited under national standards.

Author/Organization: Tennessee Lt. Governor, Speaker of the Senate
Publication Date: 07/13/2010

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: MN judge will not let PDs out of open cases, but authorizes office to hire attorneys and bill state

BY David Carroll on Thursday, August 19, 2010 at 9:20 AM

On April 13, 2010, Gideon Alerts reported on Minnesota Public Defenders filing a labor grievance over high caseloads.  An 89-page report from the state legislative auditor states that heavy public defender workload impedes the efficiency of the courts, yet the legislature has not acted to provide relief. 

Today the Department of Justice announced that it has issued a letter to chief justices and administrators of state courts regarding their obligation to provide oral interpretation, written translation and other lan

Author/Organization: Phyllis E. Mann
Publication Date: 08/17/2010