Research relating to indigent defense in the South.
Indigent Defense Research Association
2016 -- NATIONAL LEVEL
A discussion of why data collection and analytic capacity in indigent defense needs to be improved.
2016 -- New York
Criteria and procedures for determining eligibility for assigned counsel developed by the New York State Office of Indigent Legal Services.
2016 -- New York
Outline of the results of the Office of Indigent Legal Services’ research on the current assigned counsel eligibility processes in New York State criminal courts outside of New York City.
Washington and Lee Law Review
2016 -- Results from a survey of prosecutors and criminal defense attorneys about their pre-plea discovery practices.
2015 -- North Carolina
Discussion of a study done of North Carolina cases in which people were charged or prosecuted capitally but never convicted.
Clemson University, College of Business and Behavioral Science, John E. Walker Department of Economics
2015 -- South Carolina
An analysis of how indigent defense attorneys respond to a change in payment structures.
Sixth Amendment Center
2015 -- Wisconsin
Report describes the financial constraints imposed on Wisconsin lawyers who represent poor people and identifies significant flaws in how the state attempts to uphold its obligations under the Sixth Amendment to the United States Constitution.
American Constitution Society (ACS)
2014 -- NATIONAL LEVEL
Discussion of reforming or expanding the "right to counsel" should be held in terms of the substantive right's fundamental values: Access, Fairness, Efficiency, and Legitimacy.
2013 -- NATIONAL LEVEL
This is a fact sheet designed for policy advocates.
Yale Law Journal
2013 -- Texas
This article was written by the Chief and Deputy Chief Public Defenders for El Paso, Texas.
Human Rights
2013 -- NATIONAL LEVEL
The contributions that the Department of Justice (DOJ) has made to indigent defense reform since 2010.
Yale Law Journal
2013 -- NATIONAL LEVEL
Contemplates defendants' right to effective trial counsel and states' post-conviction procedures.
ABA Journal
2013 -- NATIONAL LEVEL
Gideon v. Wainwright 50 years later. Takes an ambivalent perspective on its legacy.
ABA Journal
2013 -- Florida
This article discusses a recent ruling by the Florida Supreme Court.
2013 -- Missouri
What are the barriers to effective juvenile indigent defense? What barriers limit their access to counsel?
Minnesota Law Review
2013 -- NATIONAL LEVEL
This article argues that future legal challenges to indigent defense systems should be based on equal protection principles.
Washington and Lee Law Review
2013 -- NATIONAL LEVEL
This article offers a voice of dissent against the scholarly consensus that the failings of Gideon should be rectified.
Human Rights
2013 -- NATIONAL LEVEL
Tim Young describes the failure of indigent defense systems to fulfill the right to counsel.
Washington and Lee Law Review
2013 -- NATIONAL LEVEL
Article criticizes use of the Federal Poverty Guidelines in indigency determinations.
2012 -- NATIONAL LEVEL
GAO used web based surveys to determine the extent to which state, local, and tribal government allocated federal funding for indigent defense.
Yale Law Journal
2012 -- Pennsylvania
How much difference does a lawyer make?
2012 -- NATIONAL LEVEL
This fact sheet for policy advocates highlights promising ideas for reform of juvenile indigent defense in the areas.
Lancaster County (Nebraska) Indigent Defense Advisory Committee
2012 -- Nebraska
This is a 2012 report on how the county may control the costs of indigent defense while providing quality legal representation.
Washburn Law Journal
2012 -- NATIONAL LEVEL
Defenders have often relied on quantitative measurements, particularly of their caseloads, to support their arguments.
Federal Sentencing Reporter
2012 -- NATIONAL LEVEL
Discusses economic downturn crippled by simultaneously diminishing their resources.
The Champion
2012 -- NATIONAL LEVEL
This article argues that zealous representation at initial bail hearings is crucial.
2012 -- NATIONAL LEVEL
GAO studied whether DOJ could improve its assistance to grant recipients.
Maryland Department of Legislative Services Office of Policy Analysis
2012 -- Maryland
In 2012, Maryland’s General Assembly passed two bills that amended its Public Defender Act.
2012 -- NATIONAL LEVEL
This report is the outcome of a daylong discussion by a focus group made up of 18 influential criminal justice stakeholders.
ABA Journal
2012 -- NATIONAL LEVEL
In fiscal year 2012, Congress followed its trend of cutting funding for the Legal Services Corporation (LSC).
2012 -- Massachusetts
Massachusetts House of Representatives’ House Post Audit and Oversight (HPAO) Bureau.
New York University (NYU)
2012 -- NATIONAL LEVEL
The separation of powers principle justifies judicial authority to ensure people's right to counsel .
National Juvenile Defender Center (NJDC)
2012 -- NATIONAL LEVEL
Juvenile defense is a specialized practice requiring specialized skills.
St. Marys Law Journal on Legal Malpractice & Ethics (St. Mary’s University, San Antonio, Texas)
2012 -- California, NATIONAL LEVEL, Texas
This article considers the ethical dilemmas presented by indigent defense systems, and touts San Mateo County.
New York University (NYU)
2012 -- NATIONAL LEVEL
The Sixth Amendment's right to counsel is a collective right of the People.
North Carolina Court System Office of Indigent Defense Services
2011 -- North Carolina
A comparison of prosecution and indigent defense resources in North Carolina.
Federal Sentencing Reporter
2011 -- New York
"Team-based, client-centered, problem-solving model” of Neighborhood Defender Service of Harlem (NDS).
William Mitchell Law Review
2011 -- Minnesota
Traditional and innovation methods of indigent defense funding across the country and highlights the shortcomings.
2011 -- District of Columbia, Maryland, NATIONAL LEVEL, Rhode Island
This policy paper from the Justice Policy Institute links underfunded public defense systems to mass incarceration.
2011 -- Arizona
FY2010 annual report on use of funds under Arizona's Fill the Gap .
Missouri Law Review
2011 -- NATIONAL LEVEL
The funding that states devote to it is both too little and too mercurial, according to this article.
Hasting Constitutional Law Quarterly
2011 -- NATIONAL LEVEL
This article recognizes that excessive caseloads have overburdened public defenders.
National Juvenile Defender Center (NJDC)
2011 -- NATIONAL LEVEL
This report covers addresses every issue that could foreseeably arise through the representation of a juvenile defendant.
2011 -- NATIONAL LEVEL
This is the first section of the 2011 Juvenile Justice Guide Book for Legislators.
NYU School of Law
2011 -- NATIONAL LEVEL
Challenges to indigent defense systems be brought on separation of powers grounds.
National Center for State Courts (NCSC)
2010 -- Virginia
This 2010 workload study of Virginia’s public defenders administered by researchers.
Department of Justice (DOJ)
2010 -- NATIONAL LEVEL
Bureau of Justice Statistics' 2007 "Census of Public Defender Offices" .
Modern American, The
2010 -- NATIONAL LEVEL
The Supreme Court has continually refused to set specific guidelines for effective counsel post-Strickland.
Missouri Law Review
2010 -- NATIONAL LEVEL
In terms of political messaging, defenders have sometimes experienced tension in expressing their goals.
2010 -- Washington
This 2010 report on the recommendations in a 2007 audit of Seattle’s Indigent Defense Services.
Improving Data Collection and Analytic Capacity in Indigent Defense
Alyssa Clark , Janet Moore , Andrew DaviesIndigent Defense Research Association
2016 -- NATIONAL LEVEL
A discussion of why data collection and analytic capacity in indigent defense needs to be improved.
Criteria and Procedures for Determining Assigned Counsel Eligibility
New York State Office of Indigent Legal Services2016 -- New York
Criteria and procedures for determining eligibility for assigned counsel developed by the New York State Office of Indigent Legal Services.
Determining Eligibility for Assignment of Counsel in New York: A Study of Current Criteria and Procedures and Recommendations for Improvement
New York State Office of Indigent Legal Services2016 -- New York
Outline of the results of the Office of Indigent Legal Services’ research on the current assigned counsel eligibility processes in New York State criminal courts outside of New York City.
Two Models of Pre-Plea Discovery in Criminal Cases: An Empirical Comparison
Jenia I. Turner , Allison D. RedlichWashington and Lee Law Review
2016 -- Results from a survey of prosecutors and criminal defense attorneys about their pre-plea discovery practices.
On Trial For Their Lives: The Hidden Costs of Wrongful Capital Prosecutions in North Carolina
The Center for Death Penalty Litigation2015 -- North Carolina
Discussion of a study done of North Carolina cases in which people were charged or prosecuted capitally but never convicted.
High-Powered Attorney Incentives: A Look at the New Indigent Defense System in South Carolina
Benjamin SchwallClemson University, College of Business and Behavioral Science, John E. Walker Department of Economics
2015 -- South Carolina
An analysis of how indigent defense attorneys respond to a change in payment structures.
Justice Shortchanged: Assigned Counsel Compensation in Wisconsin
Sixth Amendment CenterSixth Amendment Center
2015 -- Wisconsin
Report describes the financial constraints imposed on Wisconsin lawyers who represent poor people and identifies significant flaws in how the state attempts to uphold its obligations under the Sixth Amendment to the United States Constitution.
Deconstructing the Right to Counsel (2014)
L.S. LucasAmerican Constitution Society (ACS)
2014 -- NATIONAL LEVEL
Discussion of reforming or expanding the "right to counsel" should be held in terms of the substantive right's fundamental values: Access, Fairness, Efficiency, and Legitimacy.
Six Policy Priorities for Juvenile Defense: Why Juvenile Defense Doesn’t End in the Courtroom (2013)
National Juvenile Justice Network (NJJN)2013 -- NATIONAL LEVEL
This is a fact sheet designed for policy advocates.
Valuing Gideon’s Gold: How Much Justice Can We Afford? (2013)
Garcia Herandez , C.J. PowellYale Law Journal
2013 -- Texas
This article was written by the Chief and Deputy Chief Public Defenders for El Paso, Texas.
Doing Justice to Gideon (2013)
M. Clark , Deborah LeffHuman Rights
2013 -- NATIONAL LEVEL
The contributions that the Department of Justice (DOJ) has made to indigent defense reform since 2010.
Effective Trial Counsel After Martinez v. Ryan: Focusing on the Adequacy of State Procedures (2013)
Eve Brensike PrimusYale Law Journal
2013 -- NATIONAL LEVEL
Contemplates defendants' right to effective trial counsel and states' post-conviction procedures.
Fifty Years After Gideon, Lawyers Still Struggle to Provide Counsel to the Indigent (2012)
Mark WalshABA Journal
2013 -- NATIONAL LEVEL
Gideon v. Wainwright 50 years later. Takes an ambivalent perspective on its legacy.
Miami-Dade’s Overburdened PD’s Office May Decline New Clients, Florida Court Says (2013)
L.J. JacksonABA Journal
2013 -- Florida
This article discusses a recent ruling by the Florida Supreme Court.
Missouri: Justice Rationed: An Assessment of Access to Counsel and Quality of Juvenile Defense Representation in Delinquency Proceedings (2013)
National Juvenile Defender Center (NJDC)2013 -- Missouri
What are the barriers to effective juvenile indigent defense? What barriers limit their access to counsel?
Reclaiming Equality to Reframe Indigent Defense Reform (2013)
L.S. LucasMinnesota Law Review
2013 -- NATIONAL LEVEL
This article argues that future legal challenges to indigent defense systems should be based on equal protection principles.
Shrinking Gideon and Expanding Alternatives to Lawyers (2013)
S. BibasWashington and Lee Law Review
2013 -- NATIONAL LEVEL
This article offers a voice of dissent against the scholarly consensus that the failings of Gideon should be rectified.
The Right to Counsel: An Unfulfilled Constitutional Right (2013)
T. YoungHuman Rights
2013 -- NATIONAL LEVEL
Tim Young describes the failure of indigent defense systems to fulfill the right to counsel.
Too Poor to Hire a Lawyer but not Indigent: How States Use Federal Poverty Guidelines to Deprive Defendants of their Sixth Amendment Right to Counsel (2013)
John GrossWashington and Lee Law Review
2013 -- NATIONAL LEVEL
Article criticizes use of the Federal Poverty Guidelines in indigency determinations.
Indigent Defense: DOJ Could Increase Awareness of Eligible Funding and Better Determine the Extent to Which Funds Help Support This Purpose (2012)
US Government Accountability Office (GAO)2012 -- NATIONAL LEVEL
GAO used web based surveys to determine the extent to which state, local, and tribal government allocated federal funding for indigent defense.
How Much Difference Does the Lawyer Make? The Effect of Defense Counsel on Murder Case Outcomes (2012)
David C. Anderson , Paul HeatonYale Law Journal
2012 -- Pennsylvania
How much difference does a lawyer make?
Seven Ways to Improve Juvenile Indigent Defense (2012)
National Juvenile Justice Network (NJJN)2012 -- NATIONAL LEVEL
This fact sheet for policy advocates highlights promising ideas for reform of juvenile indigent defense in the areas.
Lancaster County Indigent Defense Advisory Committee: Report on the Costs of Legal Representation (2012)
Elizabeth M. NeeleyLancaster County (Nebraska) Indigent Defense Advisory Committee
2012 -- Nebraska
This is a 2012 report on how the county may control the costs of indigent defense while providing quality legal representation.
Qualitative Assessments of Effective Assistance of Counsel (2012)
H.R. AndersonWashburn Law Journal
2012 -- NATIONAL LEVEL
Defenders have often relied on quantitative measurements, particularly of their caseloads, to support their arguments.
Too Many Clients, Too Little Time: How States are Forcing Public Defenders to Violate Their Ethical Obligations (2012)
Heather BaxterFederal Sentencing Reporter
2012 -- NATIONAL LEVEL
Discusses economic downturn crippled by simultaneously diminishing their resources.
When the Cheering (for Gideon) Stops: The Defense Bar and Representation at Initial Bail Hearings (2012)
Douglas L. ColbertThe Champion
2012 -- NATIONAL LEVEL
This article argues that zealous representation at initial bail hearings is crucial.
Indigent Defense: Surveys of Grant Recipients, Select Tribes, and Indigent Defense Providers (2012)
US Government Accountability Office (GAO)2012 -- NATIONAL LEVEL
GAO studied whether DOJ could improve its assistance to grant recipients.
Task Force to Study the Laws and Policies Relating to Representation of Indigent Criminal Defendants by the Office of the Public Defender: 2012 Interim Report (2012)
S.M. Pilgrim , C.E. Rossmark , C.K. TurnerMaryland Department of Legislative Services Office of Policy Analysis
2012 -- Maryland
In 2012, Maryland’s General Assembly passed two bills that amended its Public Defender Act.
National Indigent Defense Reform: The Solution is Multifaceted (2012)
American Bar Association (ABA) , National Association of Criminal Defense Lawyers (NACDL)2012 -- NATIONAL LEVEL
This report is the outcome of a daylong discussion by a focus group made up of 18 influential criminal justice stakeholders.
Everything on the Table: LSC Looks to ABA to Help Meet Legal Needs of the Poor (2012)
Rachel ZahorskyABA Journal
2012 -- NATIONAL LEVEL
In fiscal year 2012, Congress followed its trend of cutting funding for the Legal Services Corporation (LSC).
Fair and Cost Effective: Ensuring an Adequate Defense while Protecting the Taxpayers; Review of the Indigent Defense Counsel Program in Massachusetts District and Boston Municipal Courts, Administrative Office of the Trial Court, Commonwealth of Massachusetts: Preliminary Report (2012)
Massachusetts House of Representatives Post Audit and Oversight Bureau2012 -- Massachusetts
Massachusetts House of Representatives’ House Post Audit and Oversight (HPAO) Bureau.
Funding the People’s Right (2012)
Julian Darwall , Martin GuggenheimNew York University (NYU)
2012 -- NATIONAL LEVEL
The separation of powers principle justifies judicial authority to ensure people's right to counsel .
National Juvenile Defense Standards (2012)
P. Purits , L. ThurauNational Juvenile Defender Center (NJDC)
2012 -- NATIONAL LEVEL
Juvenile defense is a specialized practice requiring specialized skills.
Reinventing the Wheel: Constructing Ethical Approaches to State Indigent Legal Defense Systems (2012)
Bill PiattSt. Marys Law Journal on Legal Malpractice & Ethics (St. Mary’s University, San Antonio, Texas)
2012 -- California, NATIONAL LEVEL, Texas
This article considers the ethical dilemmas presented by indigent defense systems, and touts San Mateo County.
The People’s Right to a Well-Funded Indigent Defender System
Martin GuggenheimNew York University (NYU)
2012 -- NATIONAL LEVEL
The Sixth Amendment's right to counsel is a collective right of the People.
North Carolina’s Criminal Justice System: A Comparison of Prosecution and Indigent Defense Resources
North Carolina Office of Indigent Defense ServicesNorth Carolina Court System Office of Indigent Defense Services
2011 -- North Carolina
A comparison of prosecution and indigent defense resources in North Carolina.
Innovations in Public Defense as an Investment in Better Sentencing (2011)
Christopher StoneFederal Sentencing Reporter
2011 -- New York
"Team-based, client-centered, problem-solving model” of Neighborhood Defender Service of Harlem (NDS).
Minnesota’s Attempts to Fund Indigent Defense: Demonstrating the Need for a Dedicated Funding Source (2011)
S. HerlofskyWilliam Mitchell Law Review
2011 -- Minnesota
Traditional and innovation methods of indigent defense funding across the country and highlights the shortcomings.
System Overload: The Costs of Under-Resourcing Public Defense (2011)
Justice Policy Institute.2011 -- District of Columbia, Maryland, NATIONAL LEVEL, Rhode Island
This policy paper from the Justice Policy Institute links underfunded public defense systems to mass incarceration.
Arizona Criminal Justice Commission: FY2010 Fill the Gap Report (2011)
Arizona Criminal Justice Commission2011 -- Arizona
FY2010 annual report on use of funds under Arizona's Fill the Gap .
Epiphenomenal Indigent Defense (2011)
Darryl K. BrownMissouri Law Review
2011 -- NATIONAL LEVEL
The funding that states devote to it is both too little and too mercurial, according to this article.
Excessive Public Defense Workloads: Are ABA Standards for Criminal Justice Adequate? (2011)
Norman LefsteinHasting Constitutional Law Quarterly
2011 -- NATIONAL LEVEL
This article recognizes that excessive caseloads have overburdened public defenders.
Juvenile Defender Resource Guide (2011)
E. Pelletier , C. McGregor , R. Griffin , S. Millier , V. Hernandez , Y. FordNational Juvenile Defender Center (NJDC)
2011 -- NATIONAL LEVEL
This report covers addresses every issue that could foreseeably arise through the representation of a juvenile defendant.
Juvenile Justice Guide Book for Legislators: Introduction & Overview (2011)
National Conference of State Legislatures (NCSL)2011 -- NATIONAL LEVEL
This is the first section of the 2011 Juvenile Justice Guide Book for Legislators.
The People’s Right: Reimagining the Right to Counsel (2011)
Martin GuggenheimNYU School of Law
2011 -- NATIONAL LEVEL
Challenges to indigent defense systems be brought on separation of powers grounds.
Virginia Indigent Defense Commission Attorney and Support Staff Workload Assessment: Final Report (2010)
M. Kleiman , C.G. Lee,National Center for State Courts (NCSC)
2010 -- Virginia
This 2010 workload study of Virginia’s public defenders administered by researchers.
Census of Public Defender Offices, 2007: State Public Defender Programs, 2007
Lynn Langton , Donald FaroleDepartment of Justice (DOJ)
2010 -- NATIONAL LEVEL
Bureau of Justice Statistics' 2007 "Census of Public Defender Offices" .
A Price Tag on Constitutional Rights: Georgia v. Weis and Indigent Right to Continued Counsel (2010)
Kathryn BosseModern American, The
2010 -- NATIONAL LEVEL
The Supreme Court has continually refused to set specific guidelines for effective counsel post-Strickland.
Protecting the Innocent: Part of the Solution for Inadequate Funding for Defenders, Not a Panacea for Targeting Justice (2010)
R.P. MostellerMissouri Law Review
2010 -- NATIONAL LEVEL
In terms of political messaging, defenders have sometimes experienced tension in expressing their goals.
Indigent Defense Services Follow-up and 2010 Audit (2010)
Seattle Office of City Auditor2010 -- Washington
This 2010 report on the recommendations in a 2007 audit of Seattle’s Indigent Defense Services.