These specifications may be updated at any time. Indigent Defense Reform Proposal 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. Similarly, 99percent of misdemeanors were resolved prior to trial over the same time period. GOVERNANCE Mission and Strategic Plan 10 0 obj endobj 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. This means that the magnitude of the difference in spending on district attorney offices and indigent defense can be much greater in certain counties. Citation. 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. 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. Ourunderstanding is that most of the reported spending is supported by county funds. This makes it difficult for the Legislature to ensure effective indigent defense is being provided. We note that the workload and staffing data is through 201819 as this is the last full fiscal year before the COVID19 pandemic, which had significantlikely limited termimpacts on the processing of criminal cases, meaning that workload and staffing data from that time period may not accurately reflect ongoing trends in the provision of indigent defense. Such metrics can also give a sense of how representation is provided to clients (such as the average time needed to completely resolve cases). Failure to monitor and supervise Fresno Countys Public Defense System to ensure compliance with minimal constitutional and statutory requirements. We note that Fresno County also settled by agreeing to various requirements that it must comply with for four years. 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 contrast, spending on indigent defense was about $27 per person in 201819an increase of about $4 per person (or 20percent) from 200910. These data again raises questions about whether defendants across the state are receiving similar levels of service. In California, counties are primarily responsible for providing and paying for indigent defense. Additionally, the number of arrests per attorney varied across counties. (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.) 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. JFIF ` ` C Jurisdictions have used such caseload standards in different ways to help ensure that minimum levels of effective indigent defense service are being provided. 13 0 obj For example, indigent defense investigators and social workers may need to identify mitigating circumstances to help with obtaining less severe consequences for a defendant. Challenges Collecting Data. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. Defendant's name, address, and telephone no. 1 0 obj 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). Such racial disparities are particularly notable for African Americans and Hispanics. FOC 102 (3/15) ORDER EXEMPTING CASE FROM FRIEND OF THE COURT SERVICES, PAGE 1 Plaintiff's name, address, and telephone no. 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. 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). <> endobj More information would be necessary for a comprehensive and fair assessment. Recent Developments Impacting IndigentDefense in California, State Lacks Information to Assess Indigent Defense Service Levels. Learn more at, State Appellate & Post Conviction Services. 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. Examples of such research are provided below. Iowa Family Law. (b) Appointment of Counsel for Children 171 (c) Eligibility for Appointment as Counsel for Adults 171 (d) Eligibility for Appointment as Counsel for Children 172 (e) General Practice for Court-Appointed Attorneys in Dependency 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. Quality (or effectiveness) metrics generally measure the value or impact of indigent defense services. The provision of indigent defense service varies by county. State Lacks Information to Assess Indigent Defense Service Levels. Examples of such options are provided below. In 2016 parent defense in youth court protection matters was added to our responsibilities. endobj 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. The Right to Counsel in Mississippi 2007) and Training (est. 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 The metrics listed above can be used to ensure these guidelines or standards or met, or used to inform the setting of the standard. 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. In 201819, spending on indigent defense across the state was about 55percent of the amount spent statewide on district attorney offices. For the reasons to follow, the undersigned . Despite these challenges, such metrics are used in some jurisdictions as part of the annual budget process, for managing indigent defense contracts, or for office management. These consequences can also have a disproportionate impact on certain racial groups in California as well. endobj 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. Staffing levels can provide a sense of the total number of people available to work on cases. Accordingly, the total resources available for prosecution are likely greater than reflected in the available data. Most, notably, it excludes indigent defense attorneys and staff not employed by a public defender office. 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. In contrast, per person spending on district attorney offices for more than threefourths of counties was between $30 to $70. <> 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. Inadequate factual investigation from loss of necessary investigator staffing. We further recommend that the metrics reflect the states definition of what constitutes effective legal assistance as well as expectations for meeting those goals. 18 0 obj However, the specific metrics that should be used to determine whether competent representation is provided are undefined and left to interpretation. MCILS subsequently banned all flat fee contracting and instituted better . (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 . Themost common way is to determine staffing levels (and how staff should be distributed) and to justify budget requests. Currently, as shown in Figure1, 34 of the 58 counties have chosen to establish public defender offices. 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. No new job postings - updated Feb. 21, 2023, Report to Senate on Committee on Women, Children and Families, Mississippi Public Defender Task Force Final Report, The Right to Counsel in Mississippi These consequences can have a disproportionate impact on lowerincome individuals. For example, a public defender office can only represent one defendant in a multidefendant case.) the work performed by the OSPD and private court-appointed counsel. California law authorizes counties to establish a public defender office to provide representation within the county. 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. . Should you have any questions please contact Mary McComb, State Public Defender, at (916) 323-3969, Mary.McComb@ospd.ca.gov. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. 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. This report presents the results of the first national study of access to counsel in U.S. immigration courts. Kristi Mullen who joined OSPD as office manager during the merger continues in that role. At the close of the year State and Fresno County Settled Case in January 2020. For example, a high number of continuances in a case potentially means more resources are being used than necessary. Turn off unnecessary lights and appliances. Differences in Spending Levels. Each of these limitations, which we discuss below, can skew some of the comparisons. 7 0 obj endobj Positions perform duties under limited supervision, which requires an advanced knowledge of administrative policies and procedures, and general understanding of OSPD . Get the Counsel requesting accomplished. A third way to compare spending is on a per arrest basis, as arrests can be a strong indicator of potential workload. <> 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. As shown in Figure11, in201819, arrests per attorney in 25 of 32 district attorney offices clustered between 201 to 400. This assumes local counsel will be appointed. Lack of Consensus on Appropriate Metrics. Thegoal of such standards is to help ensure minimum quality service levels. Per arrest spending on indigent defense by most counties was less than $1,600 per arrest. <> OSPD Annual Report FY 2022. 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). 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. 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 right to counsel in any case where the defendant was entitled to counsel appointed at public expense. 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 would provide the state with comprehensive data that can be compared across counties. Location. <> In total, this means that the provision of effective indigent defenseand the resources neededcan differ significantly acrosscounties. Responsibilities. We describe a couple categories of such guidelines and standards below. 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). Evaluation of Adult Felony Trial Level Indigent Defense Services, OSPD Report of Activities and Expenditures July 1 - Sept. 30, 2022, This website works with Chrome, IE, and Firefox. 2 0 obj <> 2008) under one umbrella and to develop proposals for a statewide public defense system. For example, some counties provide indigent defense representation through criminal defense attorneys primarily focusing on addressing the immediate legal charge(s) facing the defendant. Counties can contract with private law firms or attorneys in lieu of, or in addition to, their public defender offices. There are 26 states and two U.S. territories that are State Plans. Counties Primarily Responsible for Indigent Defense. 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. In talking to stakeholders and reviewing papers on this topic, various opinions were offered to justify the differences in resources between district attorney offices and the indigent defense system, as well as the differences between counties in the level of resources provided to indigent defense. 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). 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. 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. 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. 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. As shown in Figure3, over the past decade, spending on district attorney offices has been consistently higherand growing at a faster ratethan spending on indigent defense. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. Such actions would dictate whether, and how much, additional state resources could be needed to support indigent defense. On May 13, 2019, I directed United States Attorney John Durham to conduct a . Theremaining counties do not have public defender offices. Specifically, the state and Fresno County recently settled a case alleging a failure to provide constitutionally required indigent defense service levels. 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. 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 . 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). Section 5-106: Appointment of counsel; guardian ad litem Section 5-106. 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. Section 2A: Verification of claim of indigency; waiver by claimant allowing access to information; reassessments following appointment of counsel; reporting Section 2A. 2001), Appeals (est. <> (b) Appointment Procedure. 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). Workload metrics are generally easy to collect as they frequently only involve tracking events. 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. Additionally, certain efficiency metrics can be impacted by factors outside of the control of indigent defense providers. timestudy methodologies to establish maximum caseload standards tailored to the specific jurisdiction, their court processes, and specific case types. This is because these groups are more likely to be (1)involved with Californias criminal justice system due to the racial disparities that currently exist in the system and (2)lowerincome due to economic disparities that have existed historically. As such, this data reflects a trend to inform theLegislature. Staffinglevels in the remaining counties were between 60.1percent to 80percent of those of theircounterparts. Different jurisdictions ensure compliance with such guidelines and standards in various ways. endobj GovernmentFunded Representation of Defendants Unable to Afford Private Attorneys. 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. For example, one standard is to ensure competent representation. 9 0 obj In April 2001, the ABA Standing Committee on Legal Aid and Indigent . Differences in Staffing Ratios. However, we are unable to adjust the available data to account for the above factors. Temecula California Appointment of and Authority to Pay Court Appointed Counsel Avoid problems connected to the typical hassle of looking for official forms on the web. Actual Provision of Indigent Defense Varies by County. <> 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. 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. (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.). Second, the staffing data is reported on June 30 of every year and may not fully reflect the number of positions each office is budgeted for. State and local jurisdictions across the country, including in California, use a wide range of metrics to evaluate the effective provision of indigent defense services. In 23 of the public defender offices, there were between 2.1 and 4 attorneys per clerical staff. 2001), Appeals (est. Easily add and underline text, insert images, checkmarks, and icons, drop new fillable areas, and rearrange or delete pages from your document. However, analysis of limited data raises questions about existing indigent defense service levels. 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. (Apublic defender office can refuse cases in various circumstances. 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. Defense service levels state with comprehensive data that can be much greater certain. Provide representation within the county resources neededcan differ significantly acrosscounties staffinglevels in the available data can. 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Can provide a sense of the reported spending is on a per arrest spending on district attorney offices between! Collect as they frequently only involve tracking events or impact of indigent defense service levels work on cases varied.

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