endobj Learn more at, State Appellate & Post Conviction Services. (In the box below, we discuss the various metrics and standards currently used across the nation to measure the effective provision of indigent defense representation.). This is known as indigent defense.. Notably, the court ruled that the state could not say it was not responsible for meeting its constitutional responsibilities just because the services are primarily provided by counties. Uponan individuals request or a court order, counties must also provide representation in other specified cases where liberty may be at stake, such as mental health civil commitments. Alternatively, the Legislature could contract with external researchers to help establish specific outcome and performance measures. The mission of the agency was expanded in 2020 to include representation in trial court indigent defense caseswhich is in addition to the representation provided by counties discussed previously. Staffing levels can provide a sense of the total number of people available to work on cases. For example, the Alameda, Kern, and San Mateo County Bar Associations review applications of private attorneys, determine which cases match their experience and ability levels, and review compensation requests to ensure attorneys are engaging in activities that are considered to be essential in providing effective defense counsel. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right. Arrests per attorney in public defender offices reflected greater variation across counties, with 24 of 32 public defender offices reporting ranging between 201 to 500 arrests. As such, these defendants may choose to settle a case and avoid losing their jobs rather than contesting the case and going to trial. Most, notably, it excludes indigent defense attorneys and staff not employed by a public defender office. <> Staffing Data Limitations. The ACLU filed a case against Fresno County and the State of California in 2015 alleging that Fresno Countys indigent defense system failed to comply with minimal constitutional and statutory requirements to provide effective assistance of counsel to indigent defendants. Grossly deficient number of support staff in the Fresno County Public Defenders Office. Second, spending on district attorney offices may not represent all prosecutorial resources. Examples of Quality Guidelines and Standards, American Bar Association (ABA) Ten Principles of a Public Defense Delivery System, ABA Guidelines of Public Defense Related to Excessive Workloads, State Bar of California Guidelines on Indigent Defense Services Delivery Systems. We further recommend that the metrics reflect the states definition of what constitutes effective legal assistance as well as expectations for meeting those goals. Use Data to Determine Future Legislative Action. The state settled by agreeing to expand the mission of OSPD so that it would be authorized to provide support for county indigent defense systemsincluding providing training and technical assistance, and identifying steps to improve the states provision of indigent criminal defense. Forexample, a timestudy in Virginia recommended annual caseloads not exceed 45noncapital murder or homicide cases, 145violent felony cases, 257 nonviolent felony cases, and 757misdemeanorcases. Indigent defense is generally provided in a combination of three ways: (1)public defender offices operated by the government, (2)private law firms or attorneys that contract with the government to provide representation in a certain number of cases and/or over a certain amount of time, or (3)individual private attorneys who are appointed by the court to specific cases. As such, we recommend the Legislature define the metrics necessary to more directly measure the quality of indigent defense currently provided; require counties collect and report the necessary data; and, finally, use that data to guide future legislativeaction. Accordingly, without effective assistance of counsel, defendants would be at a significant disadvantage against legally trained prosecutors and would have difficulty obtaining a fair outcome. Given the challenges associated with this type of data, it appears that only a few jurisdictions actually collect and use such data on an ongoing basis. Additionally, effective assistance can result in the identification of mitigating circumstances or relevant defenses that can lead to better plea deals, lesser charges, or dismissal of casesall of which can help mitigate the major life consequences that could be experienced by individuals. In this holistic defense model, defense attorneysas well as investigators, social workers, and other staffwork collectively on a defendants case. endobj The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. The Right to Counsel in Mississippi Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. (Aswediscuss below, the state recently authorized the Office of the State Public Defender [OSPD] to assist trial court indigent defense providers.). 16 0 obj Evaluation of Adult Felony Trial Level Indigent Defense Services For example, if individuals appear without an attorney for their first court hearing (known as arraignment) which is generally 48 hours from arrest, California courts are required to (1)inform them of their right to have an attorney before being arraigned at the end of the first hearing, (2)ask if they would like to have an attorney appointed, and (3)appoint an attorney to represent them if they desire one and are unable to pay for their own attorney. We do so by providing constitutionally and statutorily mandated representation that is effective, zealous, inspired and compassionate. Another way to compare spending is on a per person basis (total county spending compared to total county population) to account for differences in population. Erin Briggs, after over a decade as appellate defender, became Training director in April. Effective indigent defense can also help ensure that all individuals are treated equitably in criminal proceedings, particularly lowerincome individuals and certain racial groups who are at greater risk of experiencing serious consequences from being involved in the criminal justice system. This case was not fully litigated and ultimately settled in January 2020. This makes it difficult for the Legislature to ensure effective indigent defense is being provided. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. Prior to appointment as counsel for an indigent defendant in a capital case, an attorney shall obtain certification from the Capital Commission pursuant to Appt. It also asserted that the state abdicated its responsibility to ensure that effective assistance of counsel for indigent defendants was being provided by the county. Decided. <> (b) Appointment Procedure. Defendant's name, address, and telephone no. George Holmes continues as Appeals director, a job he has held for the last decade. Efficiency Metrics. Certain efficiency metrics (such as cost per case) also assume that service is being provided effectively. endobj The specific approach selected generally reflects how counties plan on using the information. Having clearly defined metrics would dictate the specific data that needs to be collected in order to evaluate existing indigent defense service levels. Resources - OSPD - Office of State Public Defender Resources County Defense Services California Public Defenders Association List of resources to browse or search regarding California County Public Defender, County Web Sites, Major Criminal Defense Web Sites and Other Websites of Interest State Appellate & Post Conviction Services xW[o8~G?d$qVU3i ;ZJ"8q\||h078Y!+$Eyl|@fgh4-qY/}h6l6n/|0$tgO_ OYO1eIHfI75vI] (yM4:VXR3?3]1}@Wl\qSp Additionally, certain efficiency metrics can be impacted by factors outside of the control of indigent defense providers. However, the specific metrics that should be used to determine whether competent representation is provided are undefined and left to interpretation. The court refused to do so and specifically found that the state could not say it was not responsible for meeting its constitutional responsibilities just because the responsibilities had been delegated to the counties. One such method is through management or performance reviews of indigent defense providers. For example, in 201819, spending on district attorney offices was 82percent higher than on indigent defense. Most counties spent around $10 to $50 per person on indigent defense. Downloadable and printable forms. OSPD - Office of State Public Defender 1 2 3 4 5 6 Welcome The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. In June 2021, the Maine Legislature increased the MCILS budget by more than 50%, from $18 million to $27.5 million. stream Additionally, the 202122 budget included $50million annually for three years for indigent defense providers to address certain postconviction proceedings. However, recent litigation suggests that the state could be held responsible for ensuring that effective indigent defense is being provided. State statutes contain provisions to ensure that both federal and state constitutional standards are met. The office was formed in response to the need for consistent, high-quality representation of defendants in the state appellate courts. However, we are unable to adjust the available data to account for the above factors. We note that Fresno County also settled by agreeing to various requirements that it must comply with for four years. In combination, these constitutional rights have been interpreted to mean that defendants in criminal cases are entitled to receive effective assistance from an attorney when their life or liberty is at stake, unless this right is knowingly and intelligently waived. Engage in independent fact investigation. Mar 18, 1963. 3 0 obj First, the spending data for district attorney offices and indigent defense providers is generally pulled from data reported by counties to the state. After identifying what data should be collected to directly measure indigent defense service levels, we recommend the Legislature require counties collect and report that data to OSPD. For example, some counties collect data for budgeting purposes while others may collect data to monitor the quality of service provided (such as to ensure attorneys are not assigned to cases that exceed their experience levels). The availability of investigators, clerks, paralegals, social workers, and other staff to support attorneys can reduce the level of work that must be completed by attorneys as well as increase the level of service that is provided. Examining differences in funding, caseloads, and staffing allows for a rough, indirect assessment of existing indigent defense service levels by considering the amount of time and resources available for each client. [Appointment of Counsel; Guardian ad Litem.] A total of $4million from the General Fund was provided in 202021 ($3.5million ongoing) for these purposes. These comparisons also show that there is greater variation in resource levels for district attorney offices than indigent defense across counties. As such, effective defense counsel is necessary to ensure a defendant has a fair trial against governmentfunded and trained prosecutorsirrespective of their incomelevel. In more recent years, various jurisdictions have used weighted. 2 0 obj The extent to which OSPD intends to use this expanded authority is currently unclear. u)*lt2ID5RL!~l*[]n>w"!j8 Research indicates that racial disparities exist at various points of Californias criminal justice systemincluding in law enforcement stops, arrests, and prosecutions. These studies are based on (1)the amount of time practitioners believe should be spent on specific tasks in cases, (2)the number of work hours available, and (3)assumptions about appropriate attorneytostaff ratios. Finally, Chapter583 of 2021 (AB625, Arambula) directed OSPDupon appropriationto undertake a study to assess appropriate workloads for indigent defense attorneys and to submit a report with findings and recommendations to the Legislature by January1,2024. endobj This, in turn, could help identify areas where additional legislative action is warranted. Caseloads can represent the amount of time attorneys have to spend with their clients to explore their cases or explain the potential ramifications of certain actions (such as accepting a plea deal for certain charges). Additionally, we exclude Shasta County since it does not appear any data was reported during this time period.) Similar spending levels between prosecutors and indigent defense could indicate that there is a level playing field which ensures that both sides have the ability to explore all evidence as well as prosecution/defense arguments. AsshowninFigure7, nearly $1,900 was spent on district attorney offices per arrest in 201819, an increase of nearly $842 per arrest (or 82percent) from 200910. While there is a lack of consistent data and metrics to fully evaluate indigent defense service levels, the available data raise questions about the effectiveness of existing levels. This assumes local counsel will be appointed. In contrast, spending on indigent defense was about $27 per person in 201819an increase of about $4 per person (or 20percent) from 200910. Individuals charged with a crime have a right to effective assistance of legal counsel under the U.S. and California Constitutions. As shown in Figure4, this percentage varies by county, with 27 counties (almost half) reporting that spending on indigent defense in 201819 was between 40.1percent to 60percent of the amount spent on district attorneyoffices. This allows the individual to avoid serious life impactssuch as losing a job or child custodythat otherwise may have resulted if the individual remained detained. In contrast, per arrest spending on district attorney offices for almost threefourths of all counties was between $800 to $2,400 per arrest. Differences in Total Staffing Levels. The U.S. Constitution prohibits individuals from being deprived of life, liberty, or property without due process of law. In counties with populations of more than 1.3million people, state law requires courts appoint attorneys to defendants in a particular priority order. Specifically, spending on district attorney offices was nearly $50 per person in 201819an increase of about $12 per person (or 32percent) from 200910. Similarly, 99percent of misdemeanors were resolved prior to trial over the same time period. Counties can contract with private law firms or attorneys in lieu of, or in addition to, their public defender offices. These metrics are not mutually exclusive and can be used concurrently with one another. In preparing this report, we consulted with indigent defense providers, researchers, and other stakeholders. Data describing 12 0 obj Such data could also help the state better understand some of the underlying reasons for the differences, where improvements can be made, and where policy changes or additional resources should be targeted. On the other hand, some assert that the indigent defense system needs similar or more resources than district attorney offices because the system does not have the benefit of significant support from other governmental entitiessuch as law enforcement agencies that investigate and present cases to district attorney offices or forensic laboratories that test potential evidence. In contrast, per person spending on district attorney offices for more than threefourths of counties was between $30 to $70. The state currently lacks comprehensive and consistent data that directly measures the effectiveness or quality of indigent defense across the state. FOC 102 (3/15) ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES, PAGE 1 Plaintiff's name, address, and telephone no. Theremaining counties do not have public defender offices. Workload metrics capture specific tasks (such as the number of active and closed cases), actions that indigent defense providers should engage in (such as the number of cases investigated), or a sense of the quality of representation provided (such as the number of motions filed to dismiss a case). Moreover, providing resources specifically for obtaining such data increases the likelihood that it is collected accurately and consistently. 7 0 obj Quality (or effectiveness) metrics generally measure the value or impact of indigent defense services. The actual provision of indigent defense services, however, varies by county. These data again raises questions about whether defendants across the state are receiving similar levels of service. 3.01. Such metrics can also give a sense of how representation is provided to clients (such as the average time needed to completely resolve cases). The metrics listed above can be used to ensure these guidelines or standards or met, or used to inform the setting of the standard. Finally, state law authorizes the court to determine reasonable compensation for private attorneys providing indigent defense representation that must be paid by the county. Third, it appears that agencies may also differ in how they categorize and report their staffing levelswhich can then impact the reported staffing ratios. For example, it is unclear whether positions that are temporarily vacantsuch as from a retirementare counted in the data. Third,we note that some individuals may choose to pay directly for private attorneys for representation instead of making use of the indigent defense system. This variation suggests that the difference between caseloads for public defender and district attorney offices can be much greater in certain counties, which raises questions regarding whether defendants across the state are receiving similar levels of service and quality ofservice. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. Analysis of Limited Data Raises Questions About Effective Provision of Indigent Defense. At felony case termination, court-appointed counsel represented 82% of State defendants in the 75 largest counties in 1996 and 66% of Federal defendants in 1998 . This, in turn, would provide a much clearer picture of whether indigent defense representation is resourced or provided in a manner that ensures effective assistance is being provided across the state. However, the state and others (such as federal grants) provide some supportwhich can differ by county and between district attorney offices and indigent defensecreating differences that are not solely based on county choices. Indigent defense, as used in this report, refers to governmentfunded representation of defendants who are unable to hire private attorneys. As shown in Figure5, between 200910 and 201819, the amount spent statewide on district attorney offices and indigent defense per person increased, with the amount spent on district attorneys being higher. Hours. This makes it difficult for the Legislature to assess the specific levels and effectiveness of indigent defense being provided across counties. Workload metrics are generally easy to collect as they frequently only involve tracking events. As shown in Figure2, the lawsuit listed nine wayssuch as excessive caseloads and a lack of support staffin which these requirements were allegedly violated. Additionally, the 202021 budget included $10million onetime General Fund for a pilot program to provide grants to eligible county public defender offices for indigent defenseservices. Counties operate independently from one another and can make very different choices in the priorities and operations of various county programsincluding their indigent defense systems. ANNUAL REPORT July 1, 2021 - June 30, 2022 The Office of State Public Defender (OSPD) was created by the Legislature in 2011 through the consolidation of the Office of Capital Defense Counsel (OCDC) and the Office of Indigent Appeals (OIA). . The budget also required counties to report on how the funding was used and that an independent evaluation be conducted to assess the impact of the provided funding by August 1, 2025. Insufficient or no training for attorneys in the Fresno County Public Defenders Office. Forexample, such data could indicate that structuring and funding a public defender office in a particular way could generate more effective representation at a comparatively lower cost. Capital Defense was opened in 2001 to provide Sixth Amendment services in death penalty Below, we discuss the recent legal challenge in more detail. This limits our staffing comparisons to the 32 out of the 33 counties that chose to operate public defender offices and reported data to DOJ between 200910 and 201819. Inadequate attorneyclient contact and confidential communication. Edit Counsel requesting. Wainwright, 372 U.S. 335 (1963) The mission of the Office of the State Public Defender is to defend and protect the rights, liberties, and dignity of those accused of crimes who cannot afford to retain counsel. (a) Right to Appointed Counsel. If the state is interested in acting in this area, it has various options depending on its goals. This is to ensure they receive equal protection and due process under the law. In contrast to the quality metrics described above, these methodologies reflect assumptions about the time needed to provide effective and quality representation and do not actually evaluate the provision of indigent defense services. 2008) under one umbrella and to develop proposals for a statewide public defense system. Accordingly, the total resources available for prosecution are likely greater than reflected in the available data. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. Specifically, in a 2016 report examining the Los Angeles area, the Federal Reserve Bank of San Franciscoin partnership with several universities and research organizationsfound that the median net worth of U.S. African American households ($4,000), Mexican households ($3,500), and other Latino households ($42,500) were substantially lower than white households ($355,000). MCILS subsequently banned all flat fee contracting and instituted better . endobj Kristi Mullen who joined OSPD as office manager during the merger continues in that role. For example, those counties that prioritize funding for mental health services, sheriffoperated alternative custody programs, or other programs could have greater availability of diversion programs, collaborative courts, and alternatives to incarceration. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. Examples of such research are provided below. endobj % Defining such metrics and data collection needs at the statewide level can also ensure that data is collected consistently, which would allow for accurate and fair comparisons across the state. 9 0 obj However, the number of arrests per attorney in public defender offices were consistently higher across this period. Other counties provide indigent defense services in a holistic manner in which a defendants legal issues are addressed along with underlying social or other needs that could lead to future criminal activity (such as the loss of employment, housing needs, mental health assistance, or immigration consequences). Use the US Legal Forms library and get any record sample you need in clicks. For example, efficiency metrics should be used in combination with quality (or effectiveness) metrics. (a) Except for a person under 18 years of age, a person claiming indigency under section 2 shall execute a waiver authorizing the court's chief probation officer, or the officer's designee, to obtain the person's wage, tax and . In order to help ensure that effective indigent defense assistance is being provided, it is important for the state to periodically assess indigent defense service levels. Now, the Office of the State Public Defender focuses its resources on post-conviction appellate representation in death penalty cases. Easily add and underline text, insert images, checkmarks, and icons, drop new fillable areas, and rearrange or delete pages from your document. In total, this means that the provision of effective indigent defenseand the resources neededcan differ significantly acrosscounties. Spending Data Limitations. Additionally, if equity is a key legislative concern, the Legislature could require that metrics be broken out by key factorssuch as by race, income, and/or type of offensein order to enable assessment of whether and how certain groups are being disproportionately impacted by the level of resources supporting the indigent defense system and how indigent services are provided. Get the Counsel requesting accomplished. Efficiency metrics can draw comparisons between various pieces of data (such as cost per case by case type) and reflect jurisdictional decisions for acceptable benchmarks for how workload is completed (such as the percent of cases resolved within a specific number of days from attorney appointment). <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The same attorney continuously represents the client until completion of the case. 989-739-3211 Ext. 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Positions that are temporarily vacantsuch as from a retirementare counted in the.! Was provided in 202021 ( $ 3.5million ongoing ) for these purposes Public Defenders.! Required to provide and pay for attorneys in lieu of, or in addition to, Public. Was not fully litigated and ultimately settled in January 2020 provisions to ensure defendant. These metrics are generally easy to collect as they frequently only involve tracking.!, as used in this area, it is collected accurately and consistently measure value... Not fully litigated and ultimately settled in January 2020, this means that the state could be responsible... About effective provision of effective indigent defense attorney offices was 82percent higher than on indigent defense providers are.., liberty, or in addition to, their Public defender offices available!