Funding

U.S. Government Accountability Office Issues Report on Federal Funding for Indigent Defense

BY Edwin A. Burnette on Wednesday, May 9, 2012 at 6:22 PM

On May 9, the U.S. Government Accountability Office (GAO) issued a report assessing the ways in which the federal government has provided funding and other federal support to the states for indigent defense for the last seven years.

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

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Gideon Alert: Prosecutorial interference in Utah

BY David Carroll on Monday, November 21, 2011 at 3:58 PM

On November 15, 2011, the Emery County Progress reported that the county attorney -- the same office that prosecutes crimes in the county -- not only plays a major role in selecting opposing counsel, but also controls the budget of the local indigent defense system.  Though this column has reported on undue prosecutorial interference in Utah before (click here to read about Utah district attorneys involved in the selection and oversight of public defenders), this is the first documented instance in which there is a direct financial conflict of interest between the two adversarial components of the court system.  

In 1978, the National Center for Defense Management provided recommendations for expansion of Kentucky's then-state defender agency, which was limited to appellate and post-conviction representation, to include trial-level representation. 

Author/Organization: National Center for Defense Management
Publication Date: 08/1978

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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

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Utah Court finds partially indigent have right to public funds for their defense

BY Jon Mosher on Thursday, October 20, 2011 at 12:21 PM

On October 17, 2011 the Salt Lake Tribune highlighted the potential impact of a recent Utah Supreme Court decision on county indigent defense budgets. In State v. Parduhn, the Court held: “local governments are statutorily required to provide an indigent defendant with funding for a necessary defense resource, even when the defendant is represented by private counsel.” 

Utah court ruling on access to public funds for a partially indigent defendant.

Author/Organization: Utah Supreme Court
Publication Date: 2011

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Louisiana court ruling on access to public funds for a partially indigent defendant.

Author/Organization: Supreme Court of Louisiana
Publication Date: 1997

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Arkansas court ruling on access to public funds for a partially indigent defendant.

Author/Organization: Supreme Court of Arkansas
Publication Date: 5/13/2010

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Two Utah papers react to ACLU-Utah report

BY Jon Mosher on Monday, August 29, 2011 at 10:50 AM

In response to the ACLU of Utah's recent report on the state's failure to meet its constitutional right to counsel oblications, two Utah newspapers published editorials expressing appropriate shock and outrage.  "One thing that any self-respecting bunch of Don’t Tread On Me Utahns should be concerned about is the prospect of being arrested, cuffed and dragged into court without so much as a marginally competent attorney on hand to defend you," the Salt Lake Tribune wrote on August 28, 2011.