Standards

Watch the BJA Webinar on the Right to Counsel

BY Jon Mosher on Wednesday, March 9, 2011 at 5:03 PM

For those who missed the March 8 webinar, "The Right to Counsel: Standards & Solutions in a Downturned Economy," fret not ... We have posted the webinar onto our website, and you can watch it in its entirety here.  The webinar was presented by NLADA's research director David Carroll, on behalf of the USDOJ/BJA's National Training and Technical Assistance Center.

On March 8, NLADA research director David Carroll conducted a national webinar on behalf of, the DOJ/BJA’s National Training and Technical Assistance Center (NTTAC). While state policymakers work to construct indigent defense systems that meet basic foundational national standards, prudent use of taxpayer dollars requires that they concurrently decrease the need for public defense attorneys by removing non-violent, low-level felonies and misdemeanors from the formal justice system through diversion and/or reclassification of crimes to infractions where it is safe, reasonable and prudent to do so. The presentation explores the state of the right to counsel in America, offers insight into current national standards, and presents practical solutions to public defense problems that threaten our courts' abilities to produce verdicts that are fair, correct, swift and final. The hour-long webinar includes a 40-min presentation followed by 20 mins of questions and answers.

Author/Organization: David Carroll, NLADA
Publication Date: 03/08/2011

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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.”

Gideon Alert: NJ Gov’s dismissal of state public defender sparks debate over independence

BY Jon Mosher on Friday, March 4, 2011 at 1:00 PM

On March 3, the Newark Star-Ledger published an editorial on the New Jersey governor’s recent decision to remove the current chief public defender, Yvonne Smith Segars, and nominate a new candidate for the state senate’s approval.  New Jersey has a statewide, state-funded indigent defense system that provides direct services primarily through regional staffed public defender offices.  The state’s chief public defender, who oversees all right to counsel services in the state, is appointed by the governor with approval of the senate.

These appellate standards are divided into two parts. Part I sets out specific criteria for assuring the quality of legal representation in appellate matters. These include the structural requirements necessary to ensure quality, as well as attorney performance objects that define quality representation on behalf of the client. Part II sets out specific criteria for assuring the efficiency of legal representation in appellate matters. These include effective management procedures and office policies, as well as attorney procedures for the preparation of appellate briefs and other client-centered operations.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 1980

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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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

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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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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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.