NCJ Number
54113
Date Published
1976
Length
130 pages
Annotation
THIS ANALYSIS OF STATE AND FEDERAL LEGAL ASSISTANCE PROGRAMS IN NEW JERSEY EXAMINES THE AVAILABILITY OF LAWYERS TO ALL POOR PEOPLE AND TO ALL THEIR PROBLEMS, AND THE ACCESS OF THE POOR TO LAWYERS' TIME AND RESOURCES.
Abstract
MANY STATES HAVE DEVELOPED PUBLIC DEFENDERS SYSTEMS IN RESPONSE TO THE 1963 SUPREME COURT DECISION THAT STATES HAVE THE RESPONSIBILITY TO PROVIDE LEGAL REPRESENTATION TO ALL CITIZENS. THE NEW JERSEY PUBLICLY FUNDED SYSTEMS IN NEWARK, TRENTON, AND CAMDEN EACH HAVE SEPARATE FUNDING FORMATS AND SUBJECT-MATTER LIMITATIONS AND ELIGIBILITY STANDARDS. ONE CLIENT WITH A COMBINATION OF PROBLEMS, THEREFORE, WOULD HAVE TO DEAL WITH DIFFERENT LAWYERS AT DIFFERENT LOCATIONS. THE OPERATING OFFICES IN THESE THREE JURISDICTIONS DEVELOPED HEAVY CONCENTRATIONS OF ROUTINE MATTERS SOON AFTER OPENING (THEFT RELATED OFFENSES AND FAMILY PROBLEMS). THE STAFF ATTORNEYS WHO DEAL WITH CUSTOMERS ARE USUALLY VERY RECENT LAW SCHOOL GRADUATES WITH LIMITED EXPERIENCE (ALTHOUGH THE CRIMINAL JUSTICE ACT ATTORNEYS ARE MORE LIKELY TO HAVE PROFESSIONAL EXPERIENCE) AND THE PROGRAM AUTHORITIES, NOT THE CLIENT, CHOOSE THE ATTORNEY TO HANDLE A SPECIFIC ASSIGNMENT. STRATEGIC DECISIONS IN THE DEFENDER AND OFFICE OF ECONOMIC OPPORTUNITY (OEO) PROGRAMS ARE SEVERELY LIMITED BY INSTITUTIONAL PRESSURES WITHIN THE CRIMINAL JUSTICE SYSTEM WHICH DISCOURAGE ADVERSARINESS BY THE DEFENDERS. MULTIPLE POLICYMAKING LEVELS AND THE POTENTIAL FOR EXTERNAL LEVERAGE ON BUDGETARY RESOURCES KEEP LAWYERS INTERMITTENTLY ON THE DEFENSIVE. RAPID TURNOVER IN THE STAFFS OF THE PROGRAMS REFLECTS THE WIDESPREAD FRUSTRATION WITH INTERNAL OPERATIONS AND EXTERNAL REACTIONS TO THE LAWYERS' EFFORTS. IN ADDITION, THE SYSTEM WAS CHARACTERIZED BY INCONSISTENT APPLICATIONS OF CLIENT ELIGIBILITY STANDARDS, CHRONIC UNDERFUNDING, AND GAPS IN SUBJECT-MATTER COVERAGE. IT IS RECOMMENDED THAT A MORE COMPREHENSIVE EFFORT TO PROVIDE LEGAL SERVICES SHOULD BE DESIGNED ALONG THE LINES OF MEDICARE OR JUDICARE, THAT MIDDLE-INCOME CLIENTS BE INCLUDED, AND THAT GROUP LEGAL SERVICE AND PREPAID LEGAL INSURANCE BE CONSIDERED. THE SURVEY INSTRUMENT AND DATA, REFERENCES, AND AN INDEX ARE PROVIDED. (FLW)