To help address systemic failures in providing constitutionally required legal counsel for indigent defendants, states can implement reforms such as reducing the number of criminal cases through reclassification and diversion or implementing other changes, according to a report issued by the American Bar Association.
The report, entitled “National Indigent Defense Reform: The Solution is Multifaceted” was issued by the ABA’s Standing Committee on Legal Aid and Indigent Defendants and the National Association of Criminal Defense Lawyers.
The release coincides with the beginning of the 50th anniversary year of the U.S. Supreme Court’s landmark decision in Gideon v. Wainwright. On March 18, 1963, the court unanimously ruled that the Sixth Amendment’s right to counsel applies regardless of whether a defendant can afford to pay a lawyer.
The report documents a daylong discussion of 18 leading innovators in the indigent defense field representing all branches and levels of government, prosecutors, defense lawyers, law professors and nongovernmental organizations.
Their blueprint for reform, often based on successful existing programs throughout the country, is organized into three broad areas:
• Implementation of front-end reforms such as reclassification and diversion, which help reduce the number of cases entering the system.
• Creation of indigent defense commissions and establishment of public defense training and performance standards.
• Improved collaboration and cooperation within and outside the criminal justice system to achieve significant, sustainable reform.
In his remarks at the ABA’s National Summit on Indigent Defense last February, U.S. Attorney General Eric Holder recounted the nation’s well-documented crisis in providing criminal defense for people who cannot afford a lawyer:
“Across the country, public defender offices and other indigent defense providers are underfunded and understaffed,” he said. “Too often, when legal representation is available to the poor, it’s rendered less effective by insufficient resources, overwhelming caseloads, and inadequate oversight…. [T]he basic rights guaranteed under Gideon have yet to be fully realized.
“Millions of Americans still struggle to access the legal services that they need and deserve – and to which they are constitutionally entitled. And far too many public defender systems lack the basic tools they need to function properly.”
ABA President Laurel G. Bellows said the report contained “valuable recommendations for solving the nation’s indigent defense crisis.
“Every criminal defendant, whether rich or poor, deserves a qualified lawyer to defend against the state’s charges,” he said. “We hope that policymakers will consider our joint report, along with ABA guidelines, standards and other resources available at www.indigentdefense.org, to make needed changes and fully implement the Supreme Court’s Gideon decision.”
NACDL President Steven D. Benjamin said his organization “is committed to the full realization of the promise of Gideon.
“We will work tirelessly until it is achieved,” he said. “This report adds valuable insight and perspective to NACDL’s significant research in this area. We are proud to have been a part of this important addition to that work.”
The report was funded by the U.S. Department of Justice’s Bureau of Justice Assistance and prepared by professor Joel M. Schumm of the Indiana University Robert H. McKinney School of Law.
The project was co-chaired by professor Adele Bernhard of Pace Law School, professor Robert C. Boruchowitz of the Seattle University School of Law, and NACDL Executive Director Norman L. Reimer.
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