Political Branches

Gideon Alert: Michigan takes first steps to fulfilling Gideon’s promise

BY David Carroll on Thursday, October 13, 2011 at 4:12 PM

On October 13, 2011, Michigan Governor Rick Snyder issued Executive Order No. 2011-12 establishing an Indigent Defense Advisory Commission (Commission).  The Commission is charged to make recommendations to the Governor and Legislature for statewide “improvements to the system of providing legal representation for indigent criminal defendants.”  The recommendations from the 14-member, bi-partisan Commission must ensure that: “indigent defense is free from undue political interference and conflicts of interest;” “the right to counsel is delivered by effective counsel at each critical stage of the proceedings in a manner that is consistent throughout the state;” and, “government-funded criminal defense lawyers are sufficiently trained and supervised, appropriately qualified, and adequately compensated.”  The Commission must meet their charge in a manner that is fiscally responsible and cost-effective, while being “responsive to jurisdictional variances and local community needs.” Findings and recommendations are due to the Legislature and Governor no later than July 15, 2012.

 David Carroll's statement regarding the news of Michigan Gov. Snyder's Executive Order 2011-12 creating an Indigent Defense Advisory Commission.

Author/Organization: David Carroll, NLADA
Publication Date: 10/13/2011

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On October 13, 2011, Michigan Governor Rick Snyder issued Executive Order No.

Author/Organization: David Carroll
Publication Date: 10/13/2011

Cochise County, AZ released for public comment a proposed contract for tertiary defender services. This letter provides David Carroll's comments on the proposal. While the proposal went far toward meeting many of the ABA Ten Principles, it failed with respect to independence (Principle 1) and accountability (Principle 10). 

Author/Organization: David Carroll, NLADA
Publication Date: 08/16/2011

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A lack of independence in Georgia’s public defense system

BY Jon Mosher on Wednesday, May 4, 2011 at 11:53 AM

On May 4, 2011, the Associated Press reported new legislation was signed into law by Governor Nathan Deal altering the composition of the Georgia Public Defender Standards Council.  The measure replaces “the current 15-member Georgia Public Defender Standards Council with nine new appointees tapped by the governor, the lieutenant governor and the House speaker. It also gives the director more power over whom the system hires.”

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.”

United States Attorney General Eric Holder met with the American Council of Chief Defenders (ACCD) at their ACCD Spring Conference in 2009.  This is the transcript of his prepared remarks at that conference.

Author/Organization: Department of Justice (DOJ)
Publication Date: 06/24/2009

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