We recommend three key steps that the Legislature could take to ensure it has the necessary information to determine whether a problem exists with indigent defense service levels, what type of problem exists, and how to effectively address such a problem. 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). We note that, in 201920, 97percent of felony cases were resolved prior to trial. Grossly deficient number of support staff in the Fresno County Public Defenders Office. In counties with public defender offices, the Chief Public Defender is appointed by the county board of supervisors unless the board decided the position was to be elected at the time the office was created. Specifically, the state and Fresno County recently settled a case alleging a failure to provide constitutionally required indigent defense service levels. 2008) under one umbrella and to develop proposals for a statewide public defense system. However, the specific metrics that should be used to determine whether competent representation is provided are undefined and left to interpretation. 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. 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. 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. This means that the resource differences between the district attorney offices and indigent defense may be significantly greater in certain 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. 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 Efficiency metrics are intended to measure the extent to which resources are used in a manner that minimizes costs and maximizes benefit. 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. <> 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. 2007) and Training (est. 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. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. right to counsel in any case where the defendant was entitled to counsel appointed at public expense. Defense counsels ability, training, and experience match the complexity of each case. 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. 3.01. Find reusable templates specific to your state in the largest online forms catalog, with 24/7 access to your purchased samples. We describe a couple categories of such guidelines and standards below. Resource Counsel; Habeas Assistance and Training Counsel; and State Capital Defenders Association. Workload metrics provide more objective and actionable ways of evaluating indigent defense performance as they generally help measure what activities an office and/or individual has worked on or completed. 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. 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. 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. Differences in Staffing Ratios. Individuals charged with a crime have a right to effective assistance of legal counsel under the U.S. and California Constitutions. Recommend Three Key Steps for Legislative Action. US Legal Forms' platform is your guarantee to always having up-to-date legal templates specific to your state regulations, which you can save as DOCXs or PDFs 24/7 and complete multiple times. George Holmes continues as Appeals director, a job he has held for the last decade. 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). As shown in Figure11, in201819, arrests per attorney in 25 of 32 district attorney offices clustered between 201 to 400. In total, this means that the provision of effective indigent defenseand the resources neededcan differ significantly acrosscounties. In 2016 parent defense in youth court protection matters was added to our responsibilities. Data describing 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). Theextent to which they do likely varies by county. 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. Deviations from these specifications require approval by the BSEE OSPD COR during the first draft stage of the report. 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. Helps Mitigate Potential Serious Consequences. %PDF-1.7 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. Defense counsels workload is controlled to permit the rendering of quality representation. Efficiency Metrics. 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. 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. 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. 600.8(c), the Special Certain efficiency metrics (such as cost per case) also assume that service is being provided effectively. 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). <> 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. The data also show greater variation in the ratio of support staff to attorneys in public defender offices. 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. 9 0 obj Location. 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. Counties can contract with private law firms or attorneys in lieu of, or in addition to, their public defender offices. (As we note later in this report, various potential justifications have been offered by stakeholders for differences in resource levels between district attorney offices and indigent defense.) The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. 10 0 obj Alleged Ways Fresno County Failed to Provide Effective Indigent Criminal Defense Service Levels. George Holmes continues as Appeals director, a job he has held for the last decade. 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. The California Constitution contains nearly identical provisions. As we start our second decade, we have made adjustments to our leadership team. APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE MATTERS RELATED TO INTELLIGENCE ACTIVITIES AND INVESTIGATIONS ARJSING OUT OF THE 2016 PRESIDENTIAL CAMPAIGNS . Under 18 U.S.C. <> Challenges Collecting Data. 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. Similarly, 99percent of misdemeanors were resolved prior to trial over the same time period. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. Such data is important to help inform future policy decisions, such as identifying any inequities in, as well as the appropriate level of future resources for, the indigent defense system. <> Minimum Quality Guidelines or Standards. 2001), Appeals (est. 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. State in the largest online forms catalog, with 24/7 access to your purchased samples which... And INVESTIGATIONS ARJSING OUT of the report and to develop proposals for a statewide defense! Counties can contract with private law firms or attorneys in lieu of, in! 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