Defender

New Article: A Quick Guide to National Standards for Indigent Defense

BY Jon Mosher on Tuesday, March 29, 2011 at 12:00 AM

From time to time, NLADA will publish an in-depth explanation of a particular topic, concept, or standard related to indigent defense services.  Today, we have posted one such article: A Quick Guide to National Standards for Indigent Defense.

High Court hears arguments on right to counsel in civil contempt proceedings with possible jail time

BY Jon Mosher on Thursday, March 24, 2011 at 12:23 PM

On March 23, 2011, the United States Supreme Court heard oral arguments in Turner v. Rogers – a case squarely addressing whether an indigent person can be jailed on civil contempt without being given a lawyer to represent him.  Michael Turner served a year in prison when he was held in contempt by a South Carolina court for failing to timely pay child support, but he had to represent himself in court and had no lawyer to represent him.

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.

AG Holder addresses juvenile representation before National Association of Counties convention

BY Jon Mosher on Thursday, March 10, 2011 at 4:02 PM

On March 7, US Attorney General Eric Holder addressed the National Association of Counties at its legislative conference in Washington DC, focusing his remarks on the failure of state and local juvenile justice policies to address the underlying causes of delinquent behavior by children.  Often, the methods our justice systems maintain to punish youthful offenders – especially those accused of lesser offenses – result in increasingly poor behavior.  As a result, he argues, our communities are less safe, not more.

Watch the BJA Webinar on the Right to Counsel

BY Jon Mosher on Wednesday, March 9, 2011 at 5:03 PM

For those who missed the March 8 webinar, "The Right to Counsel: Standards & Solutions in a Downturned Economy," fret not ... We have posted the webinar onto our website, and you can watch it in its entirety here.  The webinar was presented by NLADA's research director David Carroll, on behalf of the USDOJ/BJA's National Training and Technical Assistance Center.

On March 8, NLADA research director David Carroll conducted a national webinar on behalf of, the DOJ/BJA’s National Training and Technical Assistance Center (NTTAC). While state policymakers work to construct indigent defense systems that meet basic foundational national standards, prudent use of taxpayer dollars requires that they concurrently decrease the need for public defense attorneys by removing non-violent, low-level felonies and misdemeanors from the formal justice system through diversion and/or reclassification of crimes to infractions where it is safe, reasonable and prudent to do so. The presentation explores the state of the right to counsel in America, offers insight into current national standards, and presents practical solutions to public defense problems that threaten our courts' abilities to produce verdicts that are fair, correct, swift and final. The hour-long webinar includes a 40-min presentation followed by 20 mins of questions and answers.

Author/Organization: David Carroll, NLADA
Publication Date: 03/08/2011

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.

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Independence in New Mexico revisited

BY Jon Mosher on Wednesday, March 9, 2011 at 10:26 AM

In a March 5th editorial, the Albuquerque Journal (subscription required) called for the New Mexico public defender system to be overseen by an independent commission.  New Mexico has a statewide, state-funded indigent defense system that provides services through a combination of staffed public defender offices and contract attorneys.  As we wrote in our February 28 Gideon Alert on the matter: “The dismissal of the public defender is expected with the election of a new governor because New Mexico’s chief public defender is appointed by and serves at the pleasure of the governor, rather than through a non-partisan public defense commission as required by national standards including ABA Principle 1.”

The Crime Report studies the impact of holistic representation on defender clients

BY Jon Mosher on Tuesday, March 8, 2011 at 3:59 PM

On March 8, the Crime Report ran a well-rounded article on holistic representation: “Can the ‘Holistic Approach’ Solve The Crisis in Public Defense?”  We don’t have much to add, other than to suggest the article is worth checking out.

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.

These appellate standards are divided into two parts. Part I sets out specific criteria for assuring the quality of legal representation in appellate matters. These include the structural requirements necessary to ensure quality, as well as attorney performance objects that define quality representation on behalf of the client. Part II sets out specific criteria for assuring the efficiency of legal representation in appellate matters. These include effective management procedures and office policies, as well as attorney procedures for the preparation of appellate briefs and other client-centered operations.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 1980

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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