NCJ Number
38252
Date Published
1976
Length
104 pages
Annotation
DETAILED RECOMMENDATIONS FOR ENSURING EFFECTIVE AND ECONOMICAL REPRESENTATION OF INDIGENTS BASED ON AN ANALYSIS OF THE EXISTING STATE SYSTEM FOR PROVIDING CIVIL LEGAL AND CRIMINAL DEFENSE SERVICES TO THE POOR.
Abstract
THE SYSTEM OVERVIEW CONCLUDED THAT THE OVERWHELMING MAJORITY OF POOR NORTH CAROLINIANS HAVE NO PRACTICAL EXPECTATION OF EVER BEING ABLE TO CONSULT AN ATTORNEY WHEN THEY ARE FACED WITH A CIVIL LEGAL PROBLEM. IN ADDITION, IT WAS FOUND THAT THE CRIMINAL DEFENDER SYSTEM HAD NO UNIFORM STANDARDS OF INDIGENCY, NO FUNCTIONAL TRAINING PROAMS FOR ASSIGNED COUNSEL RELATING TO THEIR QUALIFICATIONS TO REPRESENT INDIGENTS, NO COMPREHENSIVE PLAN FOR DETERMINING THE COMPETENCE OF COUNSEL TO HANDLE PARTICULAR TYPES OF CRIMINAL CASES, NO UNIFIED PUBLIC DEFENDER SYSTEM, NO CENTRALIZED ASSIGNED COUNSEL SYSTEM, AND NO DEFINITIVE GUIDELINES AS TO WHAT TYPES OF CASES REQUIRE THE APPOINTMENT OF COUNSEL. A TOTAL OF 30 RECOMMENDATIONS ARE PRESENTED AND DISCUSSED DEALING WITH CIVIL LEGAL SERVICES, THE INDIGENT CRIMINAL DEFENSE SYSTEM, AND COMBINING CIVIL AND CRIMINAL SERVICES WITHIN THE SAME ORGANIZATION. A PLAN IS RECOMMENDED WHICH PROVIDES FOR LOCAL OFFICES THAT RETAIN THEIR SEPARATE IDENTITY AND ARE SUPERVISED BY LOCAL BOARDS OF DIRECTORS. A CENTRAL STATEWIDE OFFICE WOULD ESTABLISH BOARD POLICIES, RECEIVE AND ALLOCATE FUNDS FROM STATE, FEDERAL, AND PRIVATE SOURCES TO THE LOCAL OFFICES, AND EVALUATE PROGRESS TO ASSURE A HIGH LEVEL OF PERFORMANCE AND COMPLIANCE WITH ESTABLISHED POLICIES. APPENDED MATERIALS INCLUDE THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE PROPOSED LEGAL SERVICES CORPORATION, COPIES OF THE JUDICIAL AND INMATE QUESTIONNAIRES USED IN THE SYSTEM ANALYSIS, AND TABULAR DATA ON THE DISTRIBUTION OF POOR PERSONS AND ATTORNEYS IN THE STATE, A COMPARISON OF ASSIGNED COUNSEL AND PUBLIC DEFENDERS, AND ATTORNEY PARTICIPATION IN THE ASSIGNED COUNSEL SYSTEM. (AUTHOR ABSTRACT MODIFIED)