Standards

David Carroll's letter to the Justices of the Nevada Supreme Court argues their recent administrative docket order (ADKT411) established clear performance guidelines for public defense attorneys, thereby requiring an adjustment of Washoe County's so-called early case resolution (ECR) program to meet the Court's guidelines.

Author/Organization: David Carroll, NLADA
Publication Date: 04/18/2008

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Update on New York state's struggles to meet Gideon's promise

BY Jon Mosher on Tuesday, August 2, 2011 at 2:31 PM

On August 2, 2011, the Gotham Gazette provided a lengthy update on the state of New York’s ongoing struggle to provide a meaningful right to counsel for those otherwise unable to afford it.  The New York Civil Liberties Union class action lawsuit against the state, now in the discovery phase, continues to pressure policymakers to find a permanent resolution to the state’s severe, chronic challenges in meeting its 6th Amendment obligations.  Meanwhile, the newly established Office of Indigent Legal Services saw its initial $3 million budget cut in half, limiting its ability to aid county-based service providers in meeting foundational standards.  With progress slow, the Gazette provides a helpful round-up on where efforts currently stand, and where New York policymakers may look next in order to make larger strides towards constitutional compliance.

Gideon Alert: Connecticut backslides on right to counsel

BY David Carroll on Wednesday, July 27, 2011 at 9:46 AM
Like indigent defense systems throughout the country, Connecticut has recently had to let go forty-two public defender employees, including 23 lawyers, and is planning to eliminate 33 more positions, as reported in  the July 21, 2011 Boston Globe.  This is the result of what the Globe summarized as “a funding crisis for the nation’s judicial systems,” while government officials and state employee unions in Connecticut battle for power over the too few remaining dollars (see the June 30, 2011 New York Times).  The difference between Connecticut and other states where similar lay-offs are occurring is that Connecticut’s right to counsel system has been closer than most states to fulfilling the promises of the Sixth Amendment.

Gideon Alert: Washington State lawsuit exposes non-representation in municipal courts

BY David Carroll on Wednesday, June 22, 2011 at 1:19 PM

On June 10, 2011, a class action lawsuit was filed in the Superior Court of Skagit County, Washington, by the law firm of Terrell Marshall Daudt & Willie PLLC and The Scott Law Group P.S., as reported in the June 20 Seattle Times.  The suit alleges that the cities of Mount Vernon and Burlington have breached their constitutional duties to operate a public defense system that provides effective assistance of counsel to indigent persons charged with crimes in their municipal courts. The complaint alleges that the defendants failed to: a) impose caseloads restrictions on public defenders; b) “monitor and oversee the public defense system;” c) “provide adequate funds for public defense;” and, d) “provide representation at all critical stages of the prosecution;” among others.   The cities’ failures, the complaint contends, have resulted in a constructive denial of the right to counsel under Gideon v. Wainwright.  The lawsuit asks for injunctive and declaratory relief to prevent further violations and to protect the constitutional rights of all indigent persons charged with crimes in the municipal courts of Mount Vernon and Burlington. Or, as co-lead attorney Matthew Zuchetto states in the plaintiffs’ press release,“[a]t the end of the day, our clients are simply asking for one thing: to fix the system."

On September 20, 2007, the Washington State Bar Association Board of Governors adopted updated Standards for indigent defense services as proposed by the WSBA Committee on Public Defense.

Author/Organization: Washington State Bar Association
Publication Date: 09/20/2007

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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Class action suit filed on behalf of defendants facing misdemeanor charges in the municipal courts of Mount Vernon and Burlington, in Skagit County, Washington.  The complaint alleges, among other things, that the contract defenders are routinely in violation of their performance obligations to their public clients, and thus the municipalities are liable for a constructive denial of the class's 6th Amendment right to counsel.

Author/Organization: Terrell Marshall Daudt & Willie PLLC
Publication Date: 06/09/2011

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Gideon Alert: Mississippi takes first step toward unified statewide system

BY David Carroll on Friday, June 10, 2011 at 2:55 PM

The Mississippi Office of State Public Defender was created earlier this session with the passage of SB 2563 consolidating the existing Office of Indigent Appeals and the Office of Capital Defense Counsel. The new office is tasked with providing “training and services to public defenders practicing in all state, county and municipal courts” and making recommendations for a future unified, statewide trial-level system. On June 9, 2011, Mississippi Governor Haley Barbour announced the appointment of Ms. Leslie Lee as the first State Public Defender.

Interview with New York's director of indigent legal services

BY David Carroll on Friday, June 10, 2011 at 2:34 PM

The New York Law Journal sat down with current Director of the Office of Indigent Legal Service, Bill Leahy, to talk about the current state of the right to counsel in New York. Bill formerly headed up the Massachusetts’ Committee for Public Counsel Services (CPCS) and uses the opportunity to compare and contrast public defense services in Massachusetts and New York. Worth the time to read.

Mississippi has 82 counties and a statewide population estimated in 2009 at roughly 2.95 million. The felony trial courts are structured through 22 Circuit Court districts, with each comprising multiple counties.  As the NAACP-LDF so succinctly stated, with the exception of death penalty cases and felony appeals (since 2005), “the State of Mississippi does not contribute one dollar towards the representation of poor defendants. Instead, it requires counties to shoulder the full obligation of providing lawyers for the poor.”

Author/Organization: Phyllis E. Mann
Publication Date: 2010

Gideon Alert: Alabama creates statewide indigent defense system

BY David Carroll on Thursday, June 9, 2011 at 9:00 AM

On June 9, 2011, Alabama joined the majority of states in the country that have state-administered right to counsel systems. While Alabama already funds indigent defense at the state level, the legislation (SB 440) creates centralized oversight of right to counsel services, requires the promulgation of standards, and seeks to expand the number of staffed public defender offices. The bill is a compromise reach by a conference committee.  An earlier version of the bill was passed by the Senate (24-3) on May 25 and would have unified the state's divergent county-based right to counsel systems, but only a substitute bill passed in the House. The conference bill passed the Senate unanimously (32-0) and the House voted the measure through on an overwhelmingly bi-partisan basis (97-4-1). Governor Bentley is expected to sign the conference committee version of the bill into law, as he is largely viewed as the leader behind the movement to bring accountability to the delivery of right to counsel services.