Indigent Defense: Determination of Indigency in the Nation's State Courts

• NCJ Number: 137897
• Journal: State Court Journal Volume: 16 Issue: 2 Dated: (Spring 1992) Pages: 16-23
• Author(s): M Lee
• Date Published: 1992
• Length: 8 pages
• Sale Source: National Institute of Justice/
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

Data obtained from a 50-State survey are used to determine the processes used by each State to appoint indigent defense counsel.

Abstract

There are many variations in the procedures used to appoint indigent defense counsel. Some States have statewide application guidelines that all courts must follow, while others allow individual courts to develop an appointment procedure at their discretion. States may provide representation through State-funded public defenders or through contracts with private lawyers. While a determination of indigency is usually made by a judge, in six States, the public defender makes the determination. The most comprehensive programs feature statewide guidelines, use a means-based formula, and attempt to recoup some of the funds expended for counsel rather than denying appointments. 4 notes and 3 figures