Standards

Gideon Alert: Pittsburgh symptomatic of Pennsylvania’s right to counsel problems

BY David Carroll on Monday, October 17, 2011 at 11:38 AM

"[D]ysfunctional family life is rarely observed by individual family members, who are so entrenched in the process that they cannot really see it for what it is." Thus concludes Allegheny County Office of the Public Defender Assessment, a report by the Institute for Law & Policy Planning (L&PP). The study, commissioned by Allegheny County (Pittsburgh), explains why it is that public defense attorneys within deficient systems cannot understand the depth and breadth of the on-going, chronic right to counsel problems in their own jurisdiction.  Because of that, public defense attorneys often cannot fix their own systemic problems.  The L&PP report remained hidden from public view for over two years and only came to light through the committed effort of the American Civil Liberties Union of Pennsylvania (ACLU-PA) to get it released under Pennsylvania’s freedom of information laws.

This is an excel spreadsheet that lists standards relating to criminal justice and indigent defense, at the national, state, and local levels.  It is fairly complete at the national level.  It is incomplete at the state and local levels.

Author/Organization: Jon Mosher, NLADA
Publication Date: 11/2010

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Gideon Alert: Undue prosecutorial influence on the 6th Amendment in Utah

BY David Carroll on Friday, August 26, 2011 at 11:47 AM

In Polk County v. Dodson, 454 U.S. 312 (1981), the United States Supreme Court found that states have a “constitutional obligation to respect the professional independence of the public defenders whom it engages,” noting that a “public defender is not amenable to administrative direction in the same sense as other state employees”. In fact, the Court noted, a “defense lawyer best serves the public not by acting on the State's behalf or in concert with it, but rather by advancing the undivided interests of the client.” A new report by the American Civil Liberties Union of Utah (ACLU-Utah) finds that the state of Utah fails to uphold this constitutional obligation.  In “most” of the nine counties studied by the ACLU-Utah, the local prosecutor “routinely” is responsible for hand-selecting opposing defense counsel and often helps to negotiate the terms of defender contracts. Worse, the report highlights that in several counties defense attorneys must request trial-related expenses from the county attorneys.  

Gideon Alert: Tennessee Supreme Court proposes rule change allowing flat-fee contracting

BY David Carroll on Tuesday, August 23, 2011 at 4:11 PM

“When it comes to balancing the scales of justice for the poor with the expense, there simply are no easy answers,” concludes the Knoxville News Sentinel on August 21, 2011 in part of an in-depth, three-part series. The Tennessee Supreme Court proposed a new rule change that attempts to find an easy answer to controlling indigent defense costs by allowing flat-fee contracting for right to counsel services, but the Court has neglected to provide institutional safeguards that would protect the adequacy of representation.  If implemented, this move will buck the trend of other state Supreme Courts, in places like Iowa and Washington, that have recently banned these types of low-bid contracts because they create a direct financial conflict of interest between the attorney and each client.  Tennessee’s high court is accepting public comment on their proposed rule until September 1, 2011.

David Carroll's response to Tennessee Court's solicitation for public comment on its proposed rule change allowing for flat-fee contracting in conflict cases.

Author/Organization: David Carroll, NLADA
Publication Date: 08/17/2011

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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Gideon Alert: Cochise County, Arizona contemplates contract system in light of important State Court decision

BY David Carroll on Tuesday, August 16, 2011 at 1:55 PM

“The insidiousness of overburdening defense counsel is that it can result in concealing from the courts, and particularly the appellate courts, the nature and extent of damage that is done to defendants by their attorneys' excessive caseloads,” declared the Arizona State Supreme Court in State v. Joe U. Smith, 140 Ariz. 355, 681 P.2d 1374 (Ariz. Apr. 4, 1984).  The Smith Court found that the lowest bid system for obtaining indigent defense counsel in Mohave County (Kingman) violated the defendant’s right to due process.  In light of the Smith case, Arizona counties struggle to provide fiscal predictability to the taxpaying public, while ensuring the rights to counsel and due process of each indigent defendant. The Wilcox Range News reported on August 10, 2011 that one county – Cochise County (Bisbee) – is currently considering a proposal to switch from an assigned counsel system paying an hourly rate of $50 to a system paying a “flat fee of $150 per misdemeanor case and $900 per felony case.”

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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Gideon Alert: Nevada DA seeks way around court-ordered performance guidelines

BY David Carroll on Monday, August 8, 2011 at 12:44 PM

On August 9th, 2011, the Washoe County (Reno) District Attorney will ask the County Board to contract with Washoe Legal Services (WLS) to provide representation to criminal defendants in a reinstituted early case resolution (ECR) program.  The proposed contract is for WLS to handle every ECR case for a single flat fee of $80,000 with no extra funds set aside for investigations.   

This letter regarding Washoe County's early case resolution (ECR) program was sent in response to Washoe assistant DA Helzer's letter to David Carroll, NLADA. 

Author/Organization: David Carroll, NLADA
Publication Date: 04/29/2008

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John Helzer, assistance county district attorney for Washoe County (Reno) Nevada, wrote to David Carroll in response to Mr. Carroll's letter of April 18, 2008 to the Nevada Supreme Court regarding Washoe County's early case resolution (ECR) program.

Author/Organization: John Helzer, Washoe County DA's Office
Publication Date: 04/21/2008

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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