Defender

The ABA’s Providing Defense Services (1992), Standard 5-1.5 calls for access to ongoing training for public defense attorneys.  The preface to the NLADA defender training standards also states: “Continuous improvement and training are critical to competence.” And as NLADA’s Performance Guidelines for Criminal Defense Representation (1995) define specific criteria for attorney competence, these Defender Training and Development Standards establish guidelines for the creation and implementation of ongoing training programs for defender systems against those performance criteria.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 1997

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These Standards tailor previously existing national standards – those for public defender or contract defender systems – to specifically address those systems employing an assigned counsel delivery model.  The standards apply equally to the administration of an assigned counsel, whether it is the only right to counsel system in place in the specific jurisdiction or if it serves as a secondary/conflict system.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 1989

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These Guidelines are intended to help local and state govern¬ments and agencies which choose to establish contract defense programs and which choose to award contracts on a competitive basis to do so constitutionally, and to help insure that efficient contract programs operate well for the government, the courts and the citizens they serve.Contracts written, negotiated and entered into in accordance with these Guidelines and with consideration of the issues these Guidelines raise should, by their terms, help ensure that high quality service will be provided to those defendants unable to afford counsel. Such contracts should also provide to the criminal justice system effective defense services which comport with government's other interests in efficiency, economy and accountability.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 1984

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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As state governments began establishing statewide defender systems in the 1960s, reclaiming the 6th Amendment right to counsel obligations they had previously delegated to county governments, the Model Defender Act sets out the structural standards for the traditional public defender delivery model. While the standards assume a statewide defender system is in place, setting forth the duties and responsibilities of a state “defender general” position, the specific criteria equally to county and regional public defender agencies.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 1970

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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TX Chief Justice speaks out on indigent defense and juvenile justice issues

BY David Carroll on Friday, February 25, 2011 at 3:48 PM

On February 23, 2011, Texas Supreme Court Chief Justice Wallace B. Jefferson gave his state of the judiciary before the 82nd state legislature.  Texas has two high courts – the Supreme Court for civil and juvenile matters, and the Court of Criminal Appeals for criminal matters.  Though Justice Jefferson heads the civil high court, he nonetheless felt compelled to speak about indigent defense needs in the state.  Bemoaning the fact that Texas ranks “among the lowest of the 50 states” in right to counsel per capita expenditures, he urged the legislature not to go forward with projected cuts to the indigent defense budget.  The right to counsel is primarily a county responsibility in Texas, with the state making limited contributions through the Texas Task Force on Indigent Defense, which provides state funding, requires local planning for indigent defense and reporting of expenditures, and provides an array of resources for counties to improve these services.  A cut to their budget “would drain the system of resources we need to assure indigent criminal defendants get competent lawyers who make the system fair.”

Free Webinar: The Right to Counsel: Standards & Solutions in a Downturned Economy

BY Jon Mosher on Thursday, February 10, 2011 at 9:52 AM

On March 8, 2011, JSERI director David Carroll will be conducting a national webinar entitled The Right to Counsel: Standards & Solutions in a Downturned Economy on behalf of the U.S. Department of Justice, Bureau of Justice Assistance. Program is geared toward policy-makers and judges, but services providers are welcomed. Please forward to key decision-makers in your state. Registration free, but limited.

From watching crime shows on television, we would all have the impression that a prosecutor stands on one side and a public defender stands on the other in every case, giving the appearance that their roles are exact mirror images of each other. But this is not true, for several reasons.

Author/Organization: Phyllis E. Mann
Publication Date: 02/09/2011

Missouri’s chronic right to counsel problems revisited

BY Jon Mosher on Wednesday, February 9, 2011 at 1:15 PM

In a five-part spotlight series published on February 5, 2011, the Springfield News-Leader has focused once more on the state of Missouri’s chronic failure to provide a meaningful right to counsel as required under the Constitution.  Like all states, Missouri must provide counsel at public expense to those facing criminal charges who cannot otherwise afford to hire their own attorney.  The state intends for all right to counsel services to be provided to all indigent defendants through its statewide public defender system, but there are more people who require the public defender system’s services than it is set up to provide for.  Instead, the Office of the Missouri Public Defender has only enough resources to provide constitutionally effective representation to a percentage of those who are entitled to public representation.  

The Missouri Public Defender Commission's budget is meant to provide attorneys for all indigent criminal defendants, but the total number of people needing services has grown too large. So, while every indigent defendant must receive an attorney, the overarching question before the Pratte Court was whether the Commission or the judges are responsible for deciding which clients will receive services through the budget of the Public Defender Commission and which clients will have to receive services through some other budget. "When current state funding is inadequate to provide the effective representation to all of Missouri's indigent defendants that the United States and Missouri constitutions require, the commission's rules present an approach to dealing with the situation."

Author/Organization: Supreme Court of Missouri
Publication Date: 12/08/2009

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"Improving Criminal Justice Systems Through Expanded Strategies and Innovative Collaborations." Report of the National Symposium on Indigent Defense, February 1999.

Author/Organization: US Department of Justice
Publication Date: 1999

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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