NCJ Number
84770
Date Published
Unknown
Length
119 pages
Annotation
Principal recommendations by the North Dakota Bar Association in this study are that the choice of a defense system for indigents be left to localities and that an Indigent Defense Commission be established within the judicial branch to review indigent defense plans submitted by jurisdictions, among other duties.
Abstract
The Defense Delivery Project found that North Dakota counties present a wide range of circumstances that require varying approaches to the provision of defense services, such that the choice of a defense system should be left to local authorities. Acceptable defense systems are assigned counsel, contract or public defender systems, or combinations of these alternatives. The proposed Indigent Defense Commission would have the overall responsibility to collect data, review indigent defense plans of the various counties, and serve as a central clearinghouse for all matters dealing with defense of the indigent. The Commission would be responsible for approving each county's system to ensure fiscal responsibility and control. The review and approval of county plans at the State level is implied in the County Courts Bill, which makes the State responsible for payment of indigent defense services in the district court in felony cases. The legislation places an administrative burden on the State supreme court which can most effectively be addressed through the Commission, the members of which would be appointed by the chief justice. Recommendations also deal with support services, financial eligibility, setting of attorney's fees, collection of information, independence of counsel, partial eligibility and recoupment, waiver of counsel, and legislative review. Appendixes include the survey instruments with responses, the petition to the State supreme court for adoption of the proposed rules on counsel for indigents, and the proposal to the Indigent Defense Commission on minimum guidelines for indigent counsel systems.