NCJ Number
59393
Date Published
1973
Length
104 pages
Annotation
THE PROVISION OF COUNSEL FOR INDIGENT DEFENDANTS IN A RURAL COUNTY IS ASSESSED, AND A PROPOSAL FOR CREATING A PUBLIC DEFENDER'S OFFICE IN THE COUNTY IS OFFERED.
Abstract
THE REPORT, PREPARED AS A MASTERS THESIS, IS BASED IN PART ON AN ANALYSIS OF ALL CRIMINAL CASES REQUIRING COURT-APPOINTED ATTORNEYS IN LATAH COUNTY, IDAHO, IN THE FIRST 11 MONTHS OF 1972, AND ON INDEPTH INTERVIEWS WITH COURT PERSONNEL AND DEFENDANTS. FOLLOWING A REVIEW OF U.S. SUPREME COURT DECISIONS PERTAINING TO THE RIGHT TO COUNSEL AND AN ASSESSMENT OF STRATEGIES FOR PROVIDING COUNSEL TO INDIGENT DEFENDANTS (ASSIGNED COUNSEL AND PUBLIC DEFENDER SYSTEMS), THE EFFECTIVENESS OF LATAH COUNTY'S ASSIGNED COUNSEL SYSTEM IS MEASURED AGAINST MINIMUM STANDARDS RECOMMENDED BY THE NATIONAL LEGAL AID AND DEFENDER ASSOCIATION. BECAUSE THE STANDARDS ARE NOT AND CANNOT BE MET BY THE EXISTING SYSTEM, THE CREATION OF A PUBLIC DEFENDER SYSTEM IN LATAH COUNTY IS PROPOSED. THE PROPOSAL ENCOMPASSES THE COMPOSITION AND RESPONSIBILITIES OF AN ADVISORY COMMITTEE THAT WOULD GUIDE THE DEVELOPMENT AND MAINTENANCE OF THE PUBLIC DEFENDER SYSTEM; THE ESTABLISHMENT AND PROMULGATION OF STANDARDS FOR THE SYSTEM (INCLUDING SUGGESTED STANDARDS); THE OPERATION AND EVALUATION OF THE PUBLIC DEFENDER'S OFFICE (INCLUDING THE USE OF SENIOR LAW STUDENTS AS INTERN DEFENDERS); AND THE ESTABLISHMENT OF PROCEDURES FOR DETERMINING FINANCIAL ELIGIBILITY. APPENDED MATERIALS INCLUDE SUPPORTING DATA AND DOCUMENTATION, AND INFORMATION PERTINENT TO THE CREATION OF A PUBLIC DEFENDER SYSTEM. A LIST OF SOURCES CONSULTED IS PROVIDED.