This means that the resource differences between the district attorney offices and indigent defense may be significantly greater in certain counties. Individuals charged with a crime have a right to effective assistance of legal counsel under the U.S. and California Constitutions. Iowa Family Law. In this holistic defense model, defense attorneysas well as investigators, social workers, and other staffwork collectively on a defendants case. Additionally, research suggests that African Americans and Latinos could also be less likely to afford a private defense attorney due to economic disparities. 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. 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. State and Fresno County Settled Case in January 2020. In contrast, per arrest spending on district attorney offices for almost threefourths of all counties was between $800 to $2,400 per arrest. Although, some available data, which we present below, raise questions about the adequacy of current service levels and whether the state and counties are providing effective indigent defenseassistance. For example, some counties provide indigent defense representation through criminal defense attorneys primarily focusing on addressing the immediate legal charge(s) facing the defendant. We do so by providing constitutionally and statutorily mandated representation that is effective, zealous, inspired and compassionate. (a) Right to Appointed Counsel. As we start our second decade, we have made adjustments to our leadership team. The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorneys. For example, various interactionssuch as being arrested, appearing in court routinely for proceedings, completing required community service, and being incarcerated both pretrial and posttrialcan have consequences for defendants employment, child custody, housing, or immigration status (such as the loss of legal status and deportation). 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. This case was not fully litigated and ultimately settled in January 2020. Constitutionally Guaranteed Equal Protection and Due Process Right. $.' In contrast, in 29 of the district attorney offices, there were between 1.1 and 3 attorneys per clerical staff. In 2021, the Capital Commission certified 10 attorneys to accept appointments as lead trial counsel, trial co-counsel, and/or appellate counsel certification. In contrast, per person spending on district attorney offices for more than threefourths of counties was between $30 to $70. 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. 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. 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). George Holmes continues as Appeals director, a job he has held for the last decade. For example, such individuals may not have jobs willing to provide sufficient time off to come to court. Second, these metrics can be impacted by choices made by defendantssuch as some defendants accepting a plea offer in order to resolve a case as quickly as possible. Citation. These metrics are not mutually exclusive and can be used concurrently with one another. Lack of parity with prosecutorial counterparts. MCILS subsequently banned all flat fee contracting and instituted better . Find reusable templates specific to your state in the largest online forms catalog, with 24/7 access to your purchased samples. For example, indigent defense investigators and social workers may need to identify mitigating circumstances to help with obtaining less severe consequences for a defendant. 2007) and Training (est. Dissolve Assets. Deviations from these specifications require approval by the BSEE OSPD COR during the first draft stage of the report. Quality (or Effectiveness) Metrics. (Doc. The magnitude of such data collection challenges differs by county based on how each county administers and conducts oversight of indigent defense services. Use Data to Determine Future Legislative Action. 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. Efficiency Metrics. 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. This assumes local counsel will be appointed. Kelsey has been a staff attorney for over ten years. Turn off unnecessary lights and appliances. Why Is Effective IndigentDefenseImportant? Workload Metrics. There have also been efforts to more rigorously enforce such standardssuch as indigent defense providers limiting their availability by not taking new cases when maximum caseload standards are exceeded regularly. 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. Other counsel may have represented the defendant earlier. Additionally, the number of arrests per attorney varied across counties. The office was formed in response to the need for consistent, high-quality representation of defendants in the state appellate courts. endobj 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. Defense counsels ability, training, and experience match the complexity of each case. 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. In a slightly different approach, one California indigent defense provider has chosen to evaluate the quality of their services by surveying criminal justice stakeholderssuch as judges and other criminal defense attorneysto obtain their perspectives on how effectively their attorneys are representing their clients. These are not mutually exclusive, which means that multiple actions could be taken. Downloadable and printable forms. One common way used to compare differences in indigent defense and district attorney office spending is to calculate how much is spent on indigent defense as a percentage of how much is spent on district attorney offices. Engage in independent fact investigation. For example, a District Attorney that sets office policies to limit early settlements of cases could mean that indigent defense attorneys must invest more time and resources to more fully investigate and defend their clients in order to limit incarceration. For example, it is unclear whether positions that are temporarily vacantsuch as from a retirementare counted in the data. The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. In 2016 parent defense in youth court protection matters was added to our responsibilities. Such metrics can be used to ensure that desired service levels are achieved by attempting to assess the effort of indigent defense attorneys (such as the number of days between arrest and first meaningful attorney and client interview), the benefit of outcomes achieved (such as the average percent of sentences avoided), or the avoidance of outcomes not directly related to sentencing (such as job loss or immigration consequences). Hours. 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. 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. Beginning in Examples of such research are provided below. endobj (We note, however, that what specifically constitutes effective assistance is generally undefined. This means that the type of indigent defense data collected, how it is collected, and how it is used varies by county. County priorities and funding decisions impact arresting, charging, and prosecutorial decisions that the indigent defense system must react to. 10 0 obj California law authorizes counties to establish a public defender office to provide representation within the county. These metrics can also be used for comparisons within offices, across jurisdictions, or over time. 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. 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. Over the years, the mission of the agency has changed. In 23 of the public defender offices, there were between 2.1 and 4 attorneys per clerical staff. 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. Prior to settlement, the state filed a petition asking the court to dismiss some of the allegations against it. <> 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. 34 of 58 Counties Operate Public Defender Offices, Counties With a Public Defender Office (34 Counties), Counties Without a Public Defender Office (24 Counties). 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). Stakeholders further argue that effective assistance of counsel is even more important as the majority of criminal cases are resolved prior to trialsuch as through plea bargains. These trends raise questions regarding whether defendants across the state are receiving similar levels of service and are likely to face similar outcomes (such as convictions or the amount of times spent in jail or prison). 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. 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. 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. Currently, only the Chief Public Defender of San Francisco County is elected. endobj 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. The same attorney continuously represents the client until completion of the case. Twenty-two State Plans (21 states and one U.S. territory) cover both private and state and . 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. Positions perform duties under limited supervision, which requires an advanced knowledge of administrative policies and procedures, and general understanding of OSPD . Capital Defense was opened in 2001 to provide Sixth Amendment services in death penalty Additionally, some assert that certain district attorney offices support specific programs and activitiessuch as forensic laboratories or providing advice to grand juriesthat may not be required by the indigent defense system. This can impact the extent to which defense attorneys can fully litigate a case and whether defendants feel that they have been effectively represented. In the absence of consistent statewide data and metrics more directly measuring the effectiveness or quality of indigent defense, we analyzed limited available data comparing funding, caseloads, and staffing of indigent defense providers with district attorneys who prosecute cases, allowing for a rough, indirect assessment of existing indigent defense service. 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. There should exist a mechanism whereby the quality of the representation provided by indigent defense providers is monitored and accurately assessed, employing uniform standards. For example, counties (and their departments) may not define a case or track cases in the same manner. (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.). Since 1983, OSPD has attempted to concentrate its efforts on handling . This is known as indigent defense.. 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. stream This report presents the results of the first national study of access to counsel in U.S. immigration courts. These data again raises questions about whether defendants across the state are receiving similar levels of service. endobj The identified differences are notable enough that they raise questions about the effective provision of indigent defense in California. 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. endobj However, analysis of limited data raises questions about existing indigent defense service levels. 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. Kristi Mullen who joined OSPD as office manager during the merger continues in that role. Court address Telephone no. 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. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. Below, we describe in more detail the categories of such metrics. However, we believe that it is critical for the state to receive accurate and comprehensive data in order to determine whether federal and state constitutional requirements are being met. 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. The agency currently represents more than 130 men and women on death row in California. <> 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. <> Drawing on data from over 1.2 million deportation cases decided between 2007 and 2012, the report provides much-needed information about the scope and impact of attorney representation in U.S. immigration courts. In 27 of the district attorney offices, there were between 1.1 and 4 attorneys per investigator. FOC 102 (3/15) ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES, PAGE 1 Plaintiff's name, address, and telephone no. However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. In contrast, spending on indigent defense was about $27 per person in 201819an increase of about $4 per person (or 20percent) from 200910. (b) Appointment Procedure. endobj Application For Appointment Of Counsel. Jurisdictions have used such caseload standards in different ways to help ensure that minimum levels of effective indigent defense service are being provided. endstream Erin Briggs, after over a decade as appellate defender, became Training director in April. 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. There are also challenges coordinating data collection from private law firms or attorneys providing indigent defense. There is parity between defense counsel and the prosecution with respect to resources and defense counsel is included as an equal partner in the justice system. <> Section 5-106: Appointment of counsel; guardian ad litem Section 5-106. For the reasons to follow, the undersigned . endobj However, we are unable to adjust the available data to account for the above factors. Examples of such options are provided below. Representation Provided in Three Major Ways. Partnerships. As part of this requirement, the state or OSPD should establish clear definitions for how to track and report data (such as ensuring that all jurisdictions count the number of cases in the same way). However, effectiveness is likely correlated with the amount of time and resources available for indigent defense providers to spend on cases. As we start our second decade, we have made adjustments to our leadership team. In April 2001, the ABA Standing Committee on Legal Aid and Indigent . This is because a defendant might not feel their case was fairly and fully argued. APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE MATTERS RELATED TO INTELLIGENCE ACTIVITIES AND INVESTIGATIONS ARJSING OUT OF THE 2016 PRESIDENTIAL CAMPAIGNS . This could include the Legislature taking a stronger role to mitigate any negative differences in the provision of indigent defense services across the state. As such, this data reflects a trend to inform theLegislature. The California Constitution contains nearly identical provisions. 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. This makes it difficult to fully and fairly evaluate the effectiveness of indigent service levels currently being provided across the state. In 201819, counties reported significantly more employees in district attorney offices than in public defender offices across the state10,500 employees compared to 4,305 employees. The intent of the statute was to raise the standards of the defense appellate bar overall, but as death penalty conviction rates rose during the 1980's and 1990's, death penalty cases quickly swamped OSPD's caseload. 110 S. State Street, Oscoda, MI 48750. Spending Data Limitations. State Lacks Information to Assess Indigent Defense Service Levels. gJIIdktz@8%& "@lI& ( 2u`/A?0!$tjzo(ZdF.yw[EYE0Z*bcD{JQ:8M]!hMr2Ryy?wG"Qeu/{?Ky'%LT!y5 \oo-c_ $UP4`w2Og'F^+X{nQ%>0 ^g}CIQ0aLNG! U{@ "yp_6oJ3HD>W0'K9XC]I1~ck=\I'`#@obqE.1xxY"hh}'A6)k:7|1oghD'%d~jU#cyT!={z$$r7B'I1+?3[dV/wd7ItF>4YP7|+^ x=Ra 9-&b2"a{IpRF\&.1 "2Jb6YwqjBo443gp%#xNF+K <> Finally, we reviewed various papers and studies examining indigent defense in California as well as other jurisdictions. These specifications may be updated at any time. (The data excludes Santa Cruz County as it began operating a public defenders office in 2022. For example, if indigent defense providers have less resources than prosecutors to employ investigative services, it means they might not be able to fully explore mitigating circumstances that could impact a clients defense regardless of whether it results in a different outcome. Staffing Data Limitations. Location. This is known as indigent defense. In this report, we: (1)provide background information on the provision of indigent defense in California; (2)discuss existing indigent defense service levels and the lack of information to assess indigent defense levels; and (3)make recommendations to improve the states oversight of indigent defense by defining appropriate metrics to more directly measure the quality of indigent defense, requiring the collection and reporting of data, and using such data to inform future legislative actions. Additionally, we exclude Shasta County since it does not appear any data was reported during this time period.) 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. 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Magnitude of such metrics district attorney offices, there were between 1.1 and 4 attorneys clerical..., there were between 2.1 and 4 attorneys per clerical staff the court to dismiss some of agency.