NCJ Number
134047
Journal
Criminal Justice Volume: 6 Issue: 1 Dated: (Spring 1991) Pages: 24-31
Date Published
1991
Length
8 pages
Annotation
The development of the contract system in North Dakota as a means of providing sixth amendment counsel to indigent defendants is discussed and compared with the more traditional methods of defense of indigents.
Abstract
Early methodology for providing legal services to indigents in criminal cases consisted of the use of assigned counsel which led to the public defender programs. Through experience with small contracts with local attorneys to provide criminal representation, the contract counsel system developed in North Dakota at both the county and State levels. These contracts specify limits on the kinds of cases to be handled and on the price for these services. The North Dakota Legal Counsel for Indigents Commission prepared a model contract, model bid specifications, and guidelines for use by the presiding judges or judicial district and by the county commission or the limited jurisdiction county courts. The three types of defense services are compared regarding financial risk shifting, State and County funding, attorney compensation, independence of services, quality standards, training, conflict cases, civil-criminal case distinction, scope of cases, recoupment, weaknesses, compensation, and quality of representation. In general, contract counsel services, when supplemented by public defender services and assigned counsel services, provide a sound model for protection of the constitutional right to counsel in criminal cases.