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. Kristi Mullen who joined OSPD as office manager during the merger continues in that role. Finally, such metrics can be highly subjectivesuch as whether a case was resolved prior to trial where the client benefits from not engaging in litigation and receives a less serious penalty. Defense counsels ability, training, and experience match the complexity of each case. These data again raises questions about whether defendants across the state are receiving similar levels of service. This assumes local counsel will be appointed. State Public Defender submits this report on the review of our internal control and monitoring systems for the biennial period ending December 31, 2021. However, the specific metrics that should be used to determine whether competent representation is provided are undefined and left to interpretation. GOVERNANCE Mission and Strategic Plan Each of these limitations, which we discuss below, can skew some of the comparisons. For example, sufficient resources can enable indigent defense providers to spend the time necessary to develop a trusting relationship with their clients in order to obtain information that can be critical to a defense, to assess what outcomes are desired (such as to minimize time spent incarcerated or to avoid immigration consequences), and to assist clients to determine how they would like to proceed in their cases. A recent challenge by the American Civil Liberties Union (ACLU) in California, in which Fresno County and the state were sued, suggests that the state could be held responsible for ensuring that effective indigent defense is being provided. In order to obtain court-appointed counsel, whether through the Office of the State Public Defender (OSPD) or through the Office of the Alternate Defense Counsel (OADC), you must either request court appointed counsel (if you are In-custody) or apply at any OSPD office (if you are out-of-custody). endobj 2008) under one umbrella and to develop proposals for a statewide public defense system. Evaluation of Adult Felony Trial Level Indigent Defense Services Second, spending on district attorney offices may not represent all prosecutorial resources. Find reusable templates specific to your state in the largest online forms catalog, with 24/7 access to your purchased samples. In 2021, the Capital Commission certified 10 attorneys to accept appointments as lead trial counsel, trial co-counsel, and/or appellate counsel certification. The actual provision of indigent defense services, however, varies by county. This is to ensure they receive equal protection and due process under the law. This makes it difficult for the Legislature to assess the specific levels and effectiveness of indigent defense being provided across counties. This report presents the results of the first national study of access to counsel in U.S. immigration courts. Effective assistance of counsel can help mitigate or eliminate such impacts, which is a factor that affects whether individuals actually receive equal protection and due process of law. 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. Now, the Office of the State Public Defender focuses its resources on post-conviction appellate representation in death penalty cases. Having clearly defined metrics would dictate the specific data that needs to be collected in order to evaluate existing indigent defense service levels. <> 3 0 obj As we start our second decade, we have made adjustments to our leadership team. Currently, as shown in Figure1, 34 of the 58 counties have chosen to establish public defender offices. <> Another method used is screening attorneys for competency and monitoring billing. Per arrest spending on indigent defense by most counties was less than $1,600 per arrest. For example, technology programs used by different actors (such as the public defender office, sheriffs office, or court) may be not be programmed to capture certain data. Minimum Quality Guidelines or Standards. Andr de Gruy serves as State Defender. (Apublic defender office can refuse cases in various circumstances. County priorities and funding decisions impact arresting, charging, and prosecutorial decisions that the indigent defense system must react to. 2007) and Training (est. In preparing this report, we consulted with indigent defense providers, researchers, and other stakeholders. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. For example, the average percent of sentences avoided could be higher in jurisdictions where there is more aggressive prosecutorial charging. endobj 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. endobj However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. 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. 5 0 obj These metrics are frequently the most difficult to measure and collect data for, as well as to analyze and draw conclusions from, for various reasons. Counties Primarily Responsible for Indigent Defense. (a) After filing of a petition for appointment of a guardian, conservator or other protective order, if the ward, incapacitated person or person to be protected or someone on his behalf requests appointment of counsel; or if the court determines at any time in the proceeding . There are certain data limitations that offer important context for the comparisons provided in this report regarding indigent defense service levels. The U.S. Supreme Court further noted that even an intelligent and educated person would be in danger of conviction due to a lack of skill and knowledge for adequately preparing a defense to establish innocence. <> 372 US 335 (1963) Glasser v. United States. 989-739-3211 Ext. One method of comparing caseload is to examine the number of arrests to the number of attorneys for both district attorney offices and indigent defense. Staffinglevels in the remaining counties were between 60.1percent to 80percent of those of theircounterparts. Moreover, providing resources specifically for obtaining such data increases the likelihood that it is collected accurately and consistently. Prior to settlement, the state filed a petition asking the court to dismiss some of the allegations against it. 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. Similarly, 99percent of misdemeanors were resolved prior to trial over the same time period. Forexample, some public defender offices that employ social workers use them to connect clients with services while others use them to identify mitigating factors to assist with clients legal defense (such as a defendants history of having been abused). Forexample, high attorneytoinvestigator ratiosmeaning each investigator must assist many attorneysdecreases the likelihood that there are sufficient investigators to fully examine or collect evidence to support a particular defense. Research demonstrates that involvement with the criminal justice system can have major consequences for defendants, regardless of whether they are ultimately convicted of a crime. 3.01. Kelsey has been a staff attorney for over ten years. In addition to being a constitutional right, effective indigent defense in criminal proceedings can help mitigate or eliminate major consequences that defendants face regardless of whether they are convicted, such as losing a job due to being held in jail until their case is resolved. However, the number of arrests per attorney in public defender offices were consistently higher across this period. <> Theextent to which they do likely varies by county. In counties with populations of more than 1.3million people, state law requires courts appoint attorneys to defendants in a particular priority order. We acknowledge that state funding could be needed to collect and report such data, which we estimate could reach into the low tens of millions of dollars annually. In some cases, counties may not be collecting data in a robust and usable manner. Research indicates that racial disparities exist at various points of Californias criminal justice systemincluding in law enforcement stops, arrests, and prosecutions. Themost common way is to determine staffing levels (and how staff should be distributed) and to justify budget requests. There are also challenges coordinating data collection from private law firms or attorneys providing indigent defense. The data collected above would help the Legislature refine its specific definitions and goals for effective indigent defense levels as well as what actions are needed to take to achieve those goals. Additionally, research suggests that African Americans and Latinos could also be less likely to afford a private defense attorney due to economic disparities. xW[o8~G?d$qVU3i ;ZJ"8q\||h078Y!+$Eyl|@fgh4-qY/}h6l6n/|0$tgO_ OYO1eIHfI75vI] (yM4:VXR3?3]1}@Wl\qSp The data also show greater variation in the ratio of support staff to attorneys in public defender offices. endobj Efficiency Metrics. The extent to which OSPD intends to use this expanded authority is currently unclear. Citation. Alternatively, the Legislature could contract with external researchers to help establish specific outcome and performance measures. It also prohibits individuals from being denied equal protection under law. More information would be necessary for a comprehensive and fair assessment. OSPD Recently Authorized to Assist Trial Court Indigent Defense Providers. Thisis because there are different ways to measure whether effective assistance is being providedsuch as whether it is legally effective (including whether a different outcome could have been obtained) or perceived to be effective (such as whether the defendant felt they received adequate representation). 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. As discussed above, the U.S. and California Constitutions guarantee the right to effective attorney assistance (unless knowingly and intelligently waived) to ensure that defendants in criminal proceedings receive equal protection under law and due process before being deprived of life or liberty. Most counties use at least two of the three ways described above to provide representation. (a) Right to Appointed Counsel. The state currently lacks comprehensive and consistent data that directly measures the effectiveness or quality of indigent defense across the state. It is unclear how widespread this practice is. Additionally, some assert that indigent defense attorneys are responsible for certain workloadsuch as resentencing filings, expungements, or mental health civil commitmentsthat requires significantly less or no workload from the district attorney office. Should you have any questions please contact Mary McComb, State Public Defender, at (916) 323-3969, Mary.McComb@ospd.ca.gov. For example, counties (and their departments) may not define a case or track cases in the same manner. This means that the amount of funding spent per person or per arrest for indigent defense may be higher than reflected by the data. In the absence of consistent statewide data and metrics more directly measuring the effectiveness or quality of indigent defense, we compare limited available data related to the resources available to indigent defense providers as well as the district attorneys who prosecute cases. Since indigent defense workload is driven by local actions, there can also be major differences between counties in the levels of resources needed by the system. 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. In 1976, the National Study Commission of Defense Services established maximum attorney standardssuch as annual caseload not exceeding 150 felony cases or 400 misdemeanor cases (excluding traffic cases)that have been used as a comparison for decades. Constitutionally Guaranteed Equal Protection and Due Process Right. [Appointment of Counsel; Guardian ad Litem.] For example, the Legislature could determine that procedural justice (or the perception of a fair process) is equally important as legal effectiveness. APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE MATTERS RELATED TO INTELLIGENCE ACTIVITIES AND INVESTIGATIONS ARJSING OUT OF THE 2016 PRESIDENTIAL CAMPAIGNS . 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. Mississippi Public Defender Task Force Final Report There are 26 states and two U.S. territories that are State Plans. Additionally, we exclude Shasta County since it does not appear any data was reported during this time period.) Define Appropriate Metrics to More Directly Measure the Quality of Indigent Defense. This is because a defendant might not feel their case was fairly and fully argued. recommends the court Woods's renewed motiongrant s for appointment of counsel and appointment of an expert. Representation Provided in Three Major Ways. Stakeholders argue that the right of due process is important in criminal proceedings because prosecutors have significant flexibility to determine whether and how to charge individuals (such as for a misdemeanor versus a felony), how a defendants case will proceed through the courts, and how cases will be resolved. 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. 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. Figure12 shows the distribution of the ratio of attorneys to investigators for the 32 counties that reported data for both public defender and district attorney offices. The U.S. Constitution prohibits individuals from being deprived of life, liberty, or property without due process of law. In 201819, there were 372 arrests per attorney in public defender offices and 260 arrests per attorney in district attorney offices. State Lacks Information to Assess Indigent Defense Service Levels. Require Counties Collect and Report Data. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorney representation. 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. 14 0 obj It is unclear how much is spent on such prosecutorial purposes. Racial Disparities in the Criminal Justice System, Lack of Consistent Data and Metrics to Fully Evaluate Indigent Defense ServiceLevels, Wide Range of Metrics and Standards Used to Measure Effective Provision of Indigent Defense Services, Workload, Efficiency, and Quality Metrics, Comparisons of Limited Data Raise Questions About Service Levels. Defense counsels workload is controlled to permit the rendering of quality representation. Inadequate factual investigation from loss of necessary investigator staffing. 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. Despite primarily being a county responsibility, the state has increased its involvement with the indigent defense system in recent years by providing funding and requiring certain assessments. As shown in Figure8, spending per arrest in 201819 varies across counties, with greater variance in per arrest spending on district attorney offices as compared to indigent defense. Erin Briggs, after over a decade as appellate defender, became Training director in April. Such racial disparities are particularly notable for African Americans and Hispanics. Mr/Ms Melvin J Clemons Ixl is eligible for SPD services] verification is needed to determine if applicant is eligible for services I I applicant is not eligible Despite our best efforts, the SPD has not secured representation. 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 . A total of $4million from the General Fund was provided in 202021 ($3.5million ongoing) for these purposes. This will allow MCILS to triple their staff to improve oversight of the private bar and raise assigned counsel compensation rates from $60/hour to $80/hour. The provision of indigent defense service varies by county. Kelsey has been a staff attorney for over ten years. Most counties spent around $10 to $50 per person on indigent defense. As shown in Figure6, perperson spending in 201819 varies by county with greater variance in per person spending on district attorney offices as compared to indigent defense. 8 0 obj endobj For example, a high number of continuances in a case potentially means more resources are being used than necessary. For example, it is unclear whether positions that are temporarily vacantsuch as from a retirementare counted in the data. 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. County Choices Impact Data and Metrics Collected. The office was formed in response to the need for consistent, high-quality representation of defendants in the state appellate courts. 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 Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. In June 2021, the Maine Legislature increased the MCILS budget by more than 50%, from $18 million to $27.5 million. There should exist a mechanism whereby the quality of the representation provided by indigent defense providers is monitored and accurately assessed, employing uniform standards. As such, effective defense counsel is necessary to ensure a defendant has a fair trial against governmentfunded and trained prosecutorsirrespective of their incomelevel. endobj 15 0 obj In contrast, in 29 of the district attorney offices, there were between 1.1 and 3 attorneys per clerical staff. Lack of Consensus on Appropriate Metrics. Indigent defense providers must act zealously to provide services meeting the mandate of being a reasonably competent attorney acting as a diligent, conscientious advocate.. First, these metrics can be highly contextual as they can be impacted by prosecutors and other governmental parties involved in cases, as well as the priorities, decisions, and available resources within a given jurisdiction. endobj 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). However, the quality of the professional work of the OSPD is acknowledged by the State judiciary and other interested parties to be equal to or superior to that of the private bar in general. Additionally, some spending on indigent defense providers is used to support noncriminal and/or certain juvenilerelated workload (such as mental health civil commitments). On the one hand, some assert that district attorney offices require more resources because they must determine whether or not individuals should be charged (and at what level) and must engage in various activities to demonstrate that defendants should be convicted. The Legislature could also provide guidance to the working group to shape the scope of its work, such as defining the outcomes it desires from an effective indigent defense system or specifying the types of metrics it would like the group to evaluate and consider. Ourunderstanding is that most of the reported spending is supported by county funds. The same attorney continuously represents the client until completion of the case. State law requires that public defenders defend individuals who are (1)charged with a criminal offense that can be tried in the trial courts and (2)financially unable to pay for attorney representation. 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. 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. Theremaining counties do not have public defender offices. endobj In addition to the metrics described above, various guidelines and standards are used by state and local jurisdictions across the country, including in California, to help ensure that minimum levels of effective indigent defense service are being provided. However, effectiveness is likely correlated with the amount of time and resources available for indigent defense providers to spend on cases. Differences in Caseloads. OSPD reports through a contract, inter/intra-agency agreement, or cooperative agreement. A case in which the Court held (1) a defense lawyer's conflict of interest arising from a simultaneous representation of co-defendants violates Sixth Amendment guarantee of assistance of counsel, and (2) the exclusion of women (other than members of the League of . Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. In contrast, about $1,000 was spent on indigent defense per arrest in 201819, an increase of about $400 per arrest (or 65percent) from 200910. Below, we describe in more detail the categories of such metrics. Deviations from these specifications require approval by the BSEE OSPD COR during the first draft stage of the report. This means that the amount of funding directly related to criminal proceedings is lower than reflected by the data. We also analyzed data reported by counties to the State Controllers Office and the California Department of Justice. If a defendant is unable to afford an attorney, the government is responsible for providing an attorney to ensure that the defendant has the opportunity for a fair trial. Examples of such options are provided below. This means that the magnitude of the difference in staffing levels between public defender and district attorney offices can be much greater in certain counties. In 27 of the district attorney offices, there were between 1.1 and 4 attorneys per investigator. These requirements include: (1)providing a minimum amount of annual funding to the Fresno County Public Defenders Office, (2)specifying goals for employing a certain number of supervisorial staff, (3)regularly reviewing and reporting case files, (4)adopting certain policies (such as related to the use of nonattorney staff and to trial performance standards), and (5)the regular reporting of specified caseload and other data (such the number of cases opened andclosed). Measuring efficiency can be relatively difficult because it typically involves the comparison of data (such as data collected by various stakeholders who use different definitions) or requires the collection of more detailed data (such as when or how cases are resolved). Mississippi OSPD 600.8(c), the Special These are not mutually exclusive, which means that multiple actions could be taken. 3599 (b), at least one of the attorneys appointed must have been admitted to practice in the court in which the case will be prosecuted for not less than five years, and must have had not less than three years' experience in the actual trial of felony prosecutions in that court. Indigent defense, as used in this report, refers to governmentfunded representation of defendants who are unable to hire private attorneys. In 23 of the public defender offices, there were between 2.1 and 4 attorneys per clerical staff. 7 0 obj Since 1983, OSPD has attempted to concentrate its efforts on handling . We note that, in 201920, 97percent of felony cases were resolved prior to trial. Certain efficiency metrics (such as cost per case) also assume that service is being provided effectively. 2 0 obj While there appears to be consensus on the overarching goals of providing effective defense representation, there seems to be a lack of consensus in California (and the nation generally) on what metrics should be used to directly measure the effectiveness of indigent defense representationfurther contributing to the variation in data and metrics collected across counties. <> Actual Provision of Indigent Defense Varies by County. See 636(b)(1); McCarthy v. Bronson, 500 U.S. 136 (1991). Federal law and local court rules govern the procedure for implementing the right to counsel. Deprivation of conflictfree and independent representation. Edit Counsel requesting. 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. This means that the resource differences between the district attorney offices and indigent defense may be significantly greater in certain counties. 18 0 obj These specifications apply to all OSPD reports regardless of contractor type. Why Is Effective IndigentDefenseImportant? The metrics listed above can be used to ensure these guidelines or standards or met, or used to inform the setting of the standard. These specifications may be updated at any time. On May 13, 2019, I directed United States Attorney John Durham to conduct a . As this case was settled, it is unclear whether other California counties are similarly situatedresulting in potential state liability in those cases as well. We do so by providing constitutionally and statutorily mandated representation that is effective, zealous, inspired and compassionate. This is because arrests can be a strong indicator of potential workload given that prosecutors determine whether charges will be filed following arrest and indigent defense counsel is typically appointed within 48 hours of arrest. Accordingly, we recommend the Legislature statutorily define those metrics it believes are necessary to more directly evaluate the quality of indigent defense statewide. Use Data to Determine Future Legislative Action. <>/Metadata 1388 0 R/ViewerPreferences 1389 0 R>> Asshown in Figure10, the number of arrests per attorney in district attorney and public defender offices in the 32 reporting counties declined between 200910 an 201819, indicating that caseloads were decreasing. In this report the type of counsel for Federal and State defendants was the type at case termination. (Aswediscuss below, the state recently authorized the Office of the State Public Defender [OSPD] to assist trial court indigent defense providers.). First, the staffing data that counties provide to the California Department of Justice (DOJ) does not include individuals providing service through contracts or direct payments. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. Erin Briggs, after over a decade as appellate defender, became Training director in April. This means that the magnitude of the difference in spending on district attorney offices and indigent defense can be much greater in certain counties. Most, notably, it excludes indigent defense attorneys and staff not employed by a public defender office. 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). In California, indigent defense systems provide representation in one, or 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 willing to take on indigent criminal cases and are appointed by the court to specific cases with compensation ordered by the court. Finally, we reviewed various papers and studies examining indigent defense in California as well as other jurisdictions. Mccomb, state public defender focuses its resources on post-conviction appellate representation in death penalty cases Legislature to assess specific! The extent to which they do likely varies by county the BSEE OSPD COR during the continues. Offices and indigent defense varies by county funds, charging, and prosecutions Task Force report! 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