NCJ Number
66926
Date Published
1980
Length
47 pages
Annotation
AN ASSESSMENT OF THE QUALITY AND ADEQUACY OF DEFENDER SERVICES PROVIDED IN MARION COUNTY, IND., AND THE FEASIBILITY OF A PUBLIC DEFENDER AGENCY, AS DETERMINED BY A LEAA-FUNDED PROJECT, ARE DISCUSSED.
Abstract
IN OCTOBER 1979, THE CRIMINAL DEFENSE TECHNICAL ASSISTANCE PROJECT RECEIVED LEAA'S AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE TO THE INDIANA CRIMINAL JUSTICE PLANNING AGENCY TO IMPROVE THE QUALITY OF LEGAL REPRESENTATION FOR INDIGENT DEFENDANTS. TWO SITE VISITS WERE MADE BY PROJECT MEMBERS. EXTENSIVE INTERVIEWS WERE HELD WITH MARION COUNTY JUDICIAL SYSTEM PERSONNEL, AND DATA WERE COLLECTED TO ASSESS THE COST OF THE CURRENT PUBLIC DEFENDER SYSTEM. THIS SYSTEM HAS BEEN UNDER REVIEW BY THE INDIANAPOLIS LAWYERS COMMISSION AND BAR ASSOCIATION FOR ALMOST 4 YEARS. THE RESULT OF THIS REVIEW IS A REPORT IDENTIFYING SEVERAL MAJOR WEAKNESSES IN THE SYSTEM AND A RECOMMENDATION FOR LEGISLATION TO CREATE AN INDEPENDENT DEFENDER SYSTEM. PROBLEMS CITED IN THE REPORT INCLUDE LATE ENTRY OF PUBLIC DEFENDERS TO THEIR CLIENTS' CASES, LACK OF CONTINUITY OF COUNSEL, LACK OF UNIFORMITY, AND LACK OF INDEPENDENCE FROM THE JUDICIARY. THE PRESENT MARION COUNTY PUBLIC DEFENDER SYSTEM FALLS SHORT OF AND IS INCONSISTENT WITH MOST OF THE NATIONALLY ACCEPTED STANDARDS FOR PUBLIC DEFENDER SYSTEMS. COSTS OF THE CURRENT SYSTEM ARE ESTIMATED TO BE 55 PERCENT GREATER THAN THE ESTIMATED COSTS 3 YEARS AGO. A COUNTY DEFENDER SYSTEM DESIGNED TO MEET THE CURRENT CASELOAD AND TO PROVIDE ADDITIONAL SERVICES WILL COST APPROXIMATELY $776,700, OR $10,924 LESS THAN THE CURRENT SYSTEM. THE PROPOSED SYSTEM WOULD ALSO BRING MARION COUNTY CLOSER TO THE STANDARDS FOR PUBLIC DEFENDER SYSTEMS ESTABLISHED BY THE AMERICAN BAR ASSOCIATION. TABLES AND AN APPENDIX PRESENTING PROPOSED LEGISLATION ARE INCLUDED. (LWM)