NCJ Number
57424
Date Published
1978
Length
106 pages
Annotation
CRITERIA FOR DETERMINING WHETHER A DEFENDANT IS FINANCIALLY ABLE TO OBTAIN PRIVATE COUNSEL AND METHODOLOGY AND IMPLEMENTATION TECHNIQUES FOR ASSIGNMENT OF COUNSEL ARE PRESENTED.
Abstract
IN AN EFFORT TO ESTABLISH A STATEWIDE APPELLATE DEFENDER PROGRAM AND INSERVICE TRAINING PROGRAMS, TO ANALYZE STATEWIDE PUBLIC DEFENDER SYSTEMS, AND TO EVALUATE DEFENSE DELIVERY PROGRAMS, IT IS NECESSARY TO DEVELOP GUIDELINES FOR USE IN DETERMINING ELIGIBILITY OF THE ACCUSED FOR ASSIGNMENT OF A PUBLIC DEFENDER. THE PURPOSE OF THESE ELIGIBILITY STANDARDS IS NOT TO EXCLUDE THOSE ABOVE A SELECTED INCOME LEVEL, BUT TO PROMOTE THE INTEGRITY OF THE LEGAL SYSTEM BY ASSURING THAT FINANCIAL NEED WILL NOT DENY AN ACCUSED THE EFFECTIVE ASSISTANCE OF COMPETENT COUNSEL. THERE ARE THREE DETERMINANTS USED IN ELIGIBILITY ASSESSMENT FOR ASSIGNMENT OF COUNSEL, INCLUDING DEFENDANT'S ESTIMATED AVAILABLE FINANCIAL RESOURCES, (I.E., LIQUID ASSETS, MONTHLY INCOME, AND CASH AVAILABLE FROM SALE OF NONLUXURY, NONLIQUID ASSETS), FINANCIAL RESOURCES COMMITTED BY DEFENDANTS TO PROCURE BAIL BOND, AND THE COST OF OBTAINING ADEQUATE PRIVATE COUNSEL. WITH REGARD TO THE FIRST DETERMINANT, COST OF LIVING INFORMATION IS PROVIDED IN DETAIL. THE DETERMINANT SIMILARLY INVOLVES MANY VARIABLES TO BE CONSIDERED, SUCH AS THE SERIOUSNESS OF THE CHARGES BROUGHT AGAINST THE DEFENDANT, THE DURATION OF THE CASE, AND THE LOCALITY IN WHICH THE DEFENDANT IS BEING PROSECUTED. IF THE DEFENDANT HAS NO FINANCIAL RESOURCES AVAILABLE FOR RETAINING COUNSEL, HE IS DECLARED ELIGIBLE. IT IS RECOMMENDED THAT IMPLEMENTATION OF THE GUIDELINES INCLUDE USE OF AN ELIGIBILITY QUESTIONNAIRE, A BASIC TRAINING AND DEMONSTRATION SESSION FOR ALL NEW PUBLIC DEFENDER ATTORNEYS AND PARALEGAL INTERVIEWERS, AND EVALUATION ASSESSMENTS THREE TO SIX MONTHS AFTER THE GUIDELINES HAVE BEEN IN OPERATION TO ASCERTAIN THEIR EFFICACY. APPENDIXES, BIBLIOGRAPHY, SOME TABULAR DATA AND FOOTNOTES ARE PROVIDED. (LWM)