The California Legislature created the Office of the State Public Defender in 1976 to represent indigent criminal defendants on appeal. . However, we are unable to adjust the available data to account for the above factors. These comparisons also show that there is greater variation in resource levels for district attorney offices than indigent defense across counties. Public defense providers or lawyers file motions asking a court to stop the assignment of new cases and to withdraw from current cases, as may be appropriate, when workloads are excessive and other adequate alternatives are unavailable. For example, the average percent of sentences avoided could be higher in jurisdictions where there is more aggressive prosecutorial charging. 2. depclerk@OscodaTownshipMI.gov. Efficiency metrics can draw comparisons between various pieces of data (such as cost per case by case type) and reflect jurisdictional decisions for acceptable benchmarks for how workload is completed (such as the percent of cases resolved within a specific number of days from attorney appointment). Indigent criminal defendants have the constitutional right to effective assistance of counsel provided by the government. 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. 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. (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.) 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. 5 0 obj Currently, only the Chief Public Defender of San Francisco County is elected. This means that the magnitude of the difference in spending on district attorney offices and indigent defense can be much greater in certain counties. 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. However, the court and prosecutors can be responsible for continuanceswhich means that this metric may not accurately measure the efficiency of indigent defense providers. Helps Mitigate Potential Serious Consequences. 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. The office was formed in response to the need for consistent, high-quality representation of defendants in the state appellate courts. Evaluation of Adult Felony Trial Level Indigent Defense Services <> These are not mutually exclusive, which means that multiple actions could be taken. 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. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. ) UAhX]#?C|K V9ovh5(u{y6,c(dMaK%{+@Kfe*? endobj As shown in Figure11, in201819, arrests per attorney in 25 of 32 district attorney offices clustered between 201 to 400. State Lacks Information to Assess Indigent Defense Service Levels. <> Most counties spent around $10 to $50 per person on indigent defense. Get the Counsel requesting accomplished. Download your adjusted document, export it to the cloud, print it from the editor, or share it with others using a Shareable link or as . As such, a common measurement of effective assistance of counsel often cited by stakeholders is the number of attorneys supported by each of the various classifications of support staff. 2008) under one umbrella and to develop proposals for a statewide public defense system. As discussed previously, the state expanded OSPDs mission to provide training and other assistance to trial court indigent defense counsel. In more recent years, various jurisdictions have used weighted. Differences in Total Staffing Levels. APPOINTMENT OF SPECIAL COUNSEL TO INVESTIGATE MATTERS RELATED TO INTELLIGENCE ACTIVITIES AND INVESTIGATIONS ARJSING OUT OF THE 2016 PRESIDENTIAL CAMPAIGNS . TO: COUNSEL ON CASES AFFECTED BY SB 775 FROM: OSPD SUBJECT: APPELLATE STRATEGIES FOR TAKING ADVANTAGE OF THE NEW LAW DATE: OCTOBER 18, 2021 CC: CCAP, ADI, FDAP, SDAP, CAP-LA On October 5, 2021, Governor Newsom signed SB 775, which makes significant amendments to Penal Code section 1170.95 that will affect both cases involving (a) Right to Appointed Counsel. 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). <> In 27 of the district attorney offices, there were between 1.1 and 4 attorneys per investigator. Under 18 U.S.C. 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. Telephone: 1-800-323-6234. The identified differences are notable enough that they raise questions about the effective provision of indigent defense in California. This case was not fully litigated and ultimately settled in January 2020. 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. Court address Telephone no. 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. Iowa Family Law. Mississippi Public Defender Task Force Final Report Decided. 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. 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. 16 0 obj This makes it difficult for the Legislature to assess the specific levels and effectiveness of indigent defense being provided across counties. The differences we identify below are notable enough that they raise questions about the effective provision of indigent defense service in California. The state lacks comprehensive and consistent data that directly measures the effectiveness or quality of indigent defense representation provided across the state. Additionally, we note that prosecutorial offices also have access to law enforcement resources as wellsuch as for the investigation of cases. In addition to the confidential report required by 28 C.F.R. Recently, BJA NTTAC provided funding for the Mississippi Office of the State Public Defender (OSPD) to work with the Sixth Amendment Center (6AC), a non-profit organization that specializes in providing right to counsel technical services. Ourunderstanding is that most of the reported spending is supported by county funds. 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. OSPD Annual Report FY 2022. 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). MCILS subsequently banned all flat fee contracting and instituted better . Learn more at flexalert.org, Urgent Energy Conservation Needed: Raise your AC to 78 at 4 p.m. Prior to settlement, the state filed a petition asking the court to dismiss some of the allegations against it. In 2016 parent defense in youth court protection matters was added to our responsibilities. The California Constitution contains nearly identical provisions. Other counsel may have represented the defendant earlier. 11 0 obj Furthermore, some assert that more resources are also potentially necessary for the indigent defense system to fully investigate and effectively represent their clients. 43 at 3-5). Workload Metrics. For the reasons to follow, the undersigned . ACLU Filed Case Against Fresno County and the State. undersigned magistrate judge for a preliminary report and recommendation.28 U.S.C. In contrast, in 29 of the district attorney offices, there were between 1.1 and 3 attorneys per clerical staff. Easily add and underline text, insert images, checkmarks, and icons, drop new fillable areas, and rearrange or delete pages from your document. Section 5-106: Appointment of counsel; guardian ad litem Section 5-106. This is because a defendant might not feel their case was fairly and fully argued. (Aswediscuss below, the state recently authorized the Office of the State Public Defender [OSPD] to assist trial court indigent defense providers.). 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. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. In 23 of the public defender offices, there were between 2.1 and 4 attorneys per clerical staff. Additionally, research suggests that African Americans and Latinos could also be less likely to afford a private defense attorney due to economic disparities. A third way to compare spending is on a per arrest basis, as arrests can be a strong indicator of potential workload. The agency currently represents more than 130 men and women on death row in California. For example, a public defender office can only represent one defendant in a multidefendant case.) Indigent defense providers must act zealously to provide services meeting the mandate of being a reasonably competent attorney acting as a diligent, conscientious advocate.. Indigent defense, as used in this report, refers to governmentfunded representation of defendants who are unable to hire private attorneys. 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. 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. 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. right to counsel in any case where the defendant was entitled to counsel appointed at public expense. 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. Such metrics can also give a sense of how representation is provided to clients (such as the average time needed to completely resolve cases). Italso reduces the pressure for individuals to settle cases to avoid such impacts and allows them the ability to determine whether and how to contest their cases, which could result in a not guilty verdict. Research indicates that racial disparities exist at various points of Californias criminal justice systemincluding in law enforcement stops, arrests, and prosecutions. Staffinglevels in the remaining counties were between 60.1percent to 80percent of those of theircounterparts. 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. Concerns have been raised in various jurisdictions regarding whether effective indigent defense assistance is being provided. In order to help ensure that effective indigent defense assistance is being provided, it is important for the state to periodically assess indigent defense service levels. 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. In 2021, the Capital Commission certified 10 attorneys to accept appointments as lead trial counsel, trial co-counsel, and/or appellate counsel certification. Twenty-two State Plans (21 states and one U.S. territory) cover both private and state and . $.' Certain efficiency metrics (such as cost per case) also assume that service is being provided effectively. In 201819, nearly $3billion was spent statewide to support district attorney offices ($2billion) and indigent defense ($1.1billion). 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. This means that the amount of funding directly related to criminal proceedings is lower than reflected by the data. As such, these metrics are frequently used to manage an indigent defense office or to help justify budget requests. 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. Another method used is screening attorneys for competency and monitoring billing. It is unclear how widespread this practice is. Spending Data Limitations. endobj The specific approach selected generally reflects how counties plan on using the information. 2007) and Training (est. Examples of such research are provided below. 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. (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 . u)*lt2ID5RL!~l*[]n>w"!j8 Constitutionally Guaranteed Equal Protection and Due Process Right. Minimum quality guidelines or standards have been established by various international and national organizations (such as the American Bar Association and the National Legal Aid and Defender Association) as well as state and local entities (such as the California State Bar and the Michigan Indigent Defense Commission). This, in turn, could help identify areas where additional legislative action is warranted. Deprivation of conflictfree and independent representation. Thank you for stopping by. As such, this data reflects a trend to inform theLegislature. There are challenges in collecting data on the quality of indigent defense. 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). Individuals charged with a crime have the constitutional right to effective assistance of legal counsel to ensure that they receive equal protection and due process before being deprived of their liberty. In total, this means that the provision of effective indigent defenseand the resources neededcan differ significantly acrosscounties. This means that the resource differences between the district attorney offices and indigent defense may be significantly greater in certain counties. As this case was settled, it is unclear whether other California counties are similarly situatedresulting in potential state liability in those cases as well. 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. This is particularly problematic given the potential that the state could be responsible for ensuring the provision of effective indigent defense. California currently lacks comprehensive and accurate data directly measuring the effectiveness of the states indigent defense system. 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. <> 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. 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. 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 . Mississippi OSPD Additionally, the manner in which indigent defense staff are used can also vary. The final priority is to individual private attorneys appointed by the court. At the close of the year 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). endobj A State Plan is an OSHA-approved safety and health program that enforces its own occupational safety and health standards which are required to be at least as effective as federal OSHA's, but may have different or additional requirements. OSPD Recently Authorized to Assist Trial Court Indigent Defense Providers. For example, counties (and their departments) may not define a case or track cases in the same manner. 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). Finally, we reviewed various papers and studies examining indigent defense in California as well as other jurisdictions. The Office of State Public Defender (OSPD) was established in 2011 to continue the work of Capital Defense (est. No new job postings - updated Feb. 21, 2023 Beginning in Specifically, spending on district attorney offices was nearly $50 per person in 201819an increase of about $12 per person (or 32percent) from 200910. However, as we discuss below, the lack of consistent data and metrics makes it difficult to fully evaluate existing service levels at this time. Second, spending on district attorney offices may not represent all prosecutorial resources. Additionally, we exclude Shasta County since it does not appear any data was reported during this time period.) The government is required to provide and pay for attorneys for those individuals who are unable to afford private attorney representation. 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. Efforts have been made to translate the more conceptual guidelines and standards into more defined measuresparticularly related to caseload standards. <> 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. We describe a couple categories of such guidelines and standards below. Staffing levels can provide a sense of the total number of people available to work on cases. These data again raises questions about whether defendants across the state are receiving similar levels of service. Counties Primarily Responsible for Indigent Defense. As such, effective defense, including indigent defense, is a key tool to help ensure that all individuals are treated equitably in criminal proceedings. 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. 2 0 obj Section 2A: Verification of claim of indigency; waiver by claimant allowing access to information; reassessments following appointment of counsel; reporting Section 2A. 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 In 201819, there were 372 arrests per attorney in public defender offices and 260 arrests per attorney in district attorney offices. <> <> timestudy methodologies to establish maximum caseload standards tailored to the specific jurisdiction, their court processes, and specific case types. This means that the magnitude of the difference in spending on the district attorney office and indigent defense can be much greater in certain counties. 2008) under one umbrella and to develop proposals for a statewide public defense system. 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). Should you have any questions please contact Mary McComb, State Public Defender, at (916) 323-3969, Mary.McComb@ospd.ca.gov. For example, some counties provide indigent defense representation through criminal defense attorneys primarily focusing on addressing the immediate legal charge(s) facing the defendant. <> Efficiency metrics are intended to measure the extent to which resources are used in a manner that minimizes costs and maximizes benefit. (We note, however, that what specifically constitutes effective assistance is generally undefined. We note that Fresno County also settled by agreeing to various requirements that it must comply with for four years. 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. Similarly, 99percent of misdemeanors were resolved prior to trial over the same time period. 1 0 obj Mar 18, 1963. endobj GENERAL SUMMARY: Positions in this class perform advanced administrative support to the State Public Defender, First Assistant, Chief Deputies and other State Office staff. The Right to Counsel in Mississippi States have developed systems for providing attorneys to defendants who are unable to pay for representation in criminal cases. 18 0 obj <> <> This, in turn, could change how indigent defense attorneys represent their clients as they potentially have more options to address their clients cases. endobj % Per arrest spending on indigent defense by most counties was less than $1,600 per arrest. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. Efficiency Metrics. Analysis of Limited Data Raises Questions About Effective Provision of Indigent Defense. Alleged Ways Fresno County Failed to Provide Effective Indigent Criminal Defense Service Levels. Also on June 1, 2021, Kelsey Rushing became the Capital Defense director. OSPD is a state agency that historically represented defendants appealing their death penalty convictions. As such, effective defense counsel is necessary to ensure a defendant has a fair trial against governmentfunded and trained prosecutorsirrespective of their incomelevel. Thegoal of such standards is to help ensure minimum quality service levels. Deviations from these specifications require approval by the BSEE OSPD COR during the first draft stage of the report. Staffing Data Limitations. As shown in Figure4, this percentage varies by county, with 27 counties (almost half) reporting that spending on indigent defense in 201819 was between 40.1percent to 60percent of the amount spent on district attorneyoffices. <> 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. (Please see the box below for additional information on racial disparities in the criminal justice system.) 9 0 obj Partnerships. 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. This makes it difficult for the Legislature to ensure effective indigent defense is being provided. In 24 of the public defender offices, there were between 2.1 and 6 attorneys per investigator. 34 of 58 Counties Operate Public Defender Offices, Counties With a Public Defender Office (34 Counties), Counties Without a Public Defender Office (24 Counties). 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. 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. Effective June 1, 2021 Jennifer Morgan joined our staff as the first Parent Defense Program Manager. In some cases, counties may not be collecting data in a robust and usable manner. The ACLU filed a case against Fresno County and the State of California in 2015 alleging that Fresno Countys indigent defense system failed to comply with minimal constitutional and statutory requirements to provide effective assistance of counsel to indigent defendants. 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. Caseload Standards. Counties Primarily Responsible for Indigent Defense. endobj Citation. (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 . 12 0 obj 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. Lack of parity with prosecutorial counterparts. However, the number of arrests per attorney in public defender offices were consistently higher across this period. 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. Such statewide reporting is critical to ensure the state has the necessary information to conduct oversight of how effectively indigent defense services are provided across the state. endobj The office was formed in response to the need for consistent, high-quality representation of defendants in the state appellate courts. 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. That African Americans and Latinos could also be less likely to afford private attorney representation been... Guidelines and standards below response to the confidential report required by 28 C.F.R couple categories of guidelines... Less likely to afford private attorney representation average percent of sentences avoided be. Ourunderstanding is that most of the public Defender offices, there were between 2.1 4. 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Were between 1.1 and 3 attorneys per investigator by the BSEE OSPD COR during the draft! Require approval by the BSEE OSPD COR during the first Parent defense Program Manager public expense staff are used a... Manner that minimizes costs and maximizes benefit Legislature created the office was formed response... Points of Californias criminal justice systemincluding in law enforcement resources as wellsuch as for the to! Spending on district attorney offices than indigent defense counsel dMaK % { + Kfe! Of theircounterparts created the office of the difference in spending on district attorney offices, there were between to.