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Executive Branch or Legislative Branch?
Q: Is it better for an indigent defense system to be housed in the judicial or legislative branch of government? A: No, it makes no difference. An American Bar Association (ABA) report on state...
View ArticleAttorney Qualification and Training Standards
The American Bar Association Model Rules of Professional Conduct require lawyers to provide “competent” representation to their clients. Importantly, there is no exception to this rule. Attorneys first...
View ArticleSufficient Time to Ensure Quality Representation
As the U.S. Supreme Court has made abundantly clear, the right to the assistance of counsel is the right to “effective” representation. But how is “effective” representation defined? How...
View ArticleConflicts of Interest
In 1932, the U.S. Supreme Court stated in Powell v. Alabama: “The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel.” Non-lawyers,...
View ArticleSystemic Accountability
An indigent defense system’s effectiveness must be measured solely by the quality of services provided to its clients. If whole categories of indigent defendants receive a level of advocacy that falls...
View ArticleUnderstanding Judicial Interference on the Defense Function
Judicially controlled indigent defense systems often follow or adjust to the needs of each judge in each court, rather than focusing on providing constitutionally effective services for each and every...
View ArticleUnderstanding Political Interference on the Defense Function
The United States Supreme Court has determined that “independence of counsel” is “constitutionally protected,” and that states have a “constitutional obligation to respect the professional independence...
View ArticleAbolishing Flat Fee Contracts for Public Defense Services
The most prevalent manner for delivering indigent defense services in the United States is the flat fee contract method, where a private attorney handles an unlimited number of cases for a single flat...
View ArticleThe Constitutional Imperative for Defender Independence
In the 1979 case, Ferri v. Ackerman, the United States Supreme Court determined that “independence” of appointed counsel to act as an adversary is an “indispensible element” of “effective...
View ArticleContinuous Representation of the Defendant by the Same Attorney
If an indigent defense lawyer is appointed early in the criminal process, she can effectively represent her client if she has the time, training and resources to do so. Time is especially important to...
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