2010 -- NATIONAL LEVEL
Missouri Law Review
ABSTRACT & CITATION
This article first asks, “What do we mean when we say ‘indigent defense?'” and answers that question by outlining the diverse models in state courts for who serves as defenders, how defenders are funded, who is considered an indigent defendant, and in what cases counsel is appointed. The author argues that there are consistent ethical obligations for defenders despite these different approaches. She highlights specific provisions of the American Bar Association’s (ABA) “Model Rules of Professional Conduct,” which almost all states have adopted with minor variations. First she lists the affirmative duties of ethical representation in simplified language. She then describes situations in which these duties cannot be met, taking into special consideration the workloads and numerous clients of an indigent defense attorney. For more specific guidance, she points attorneys to NLADA’s “Performance Guidelines for Criminal Defense Representation” and the ABA’s “Ten Principles of a Public Defense Delivery System.” The article concludes by addressing why and where ethical violations often occur, and by urging the private bar, prosecutors, and judges to assist public defenders in preventing and remedying these violations.
Mann, Phyllis. (2010), Ethical Obligations of Indigent Defense Attorneys to their Clients. Missouri Law Review. 2010(75): 715-749Topics: Assigned Counsel, Caseloads, Ethical and Professional Responsibilities, Experts, Funding, Independence of Defense Providers, Investigation
Last revised: June 9, 2015 4:36 pm